Topic
Discovery
1,110 published works
eDiscovery Watch
Disclosure in England and Wales: To Discover, or to Disclose?
By Annabel Thomas, Johnny Shearman
To discover, or to disclose? That is the question. While English playwright William Shakespeare would no doubt be turning in his grave at the loose use of one of his…
eDiscovery Today Blog
Produce Unredacted Versions of Leases, Court Orders: eDiscovery Case Law
By Doug Austin
In Braxton Minerals, III, LLC v. Antero Resources Corp., West Virginia Magistrate Judge Michael J. Aloi granted Plaintiffs' second motion to compel regarding their request for defendant to re-produce copies…
Commercial Case Notes
Party Seeking Discovery Not Required to Prove That Evidence it Seeks Exists
By John Lundin
On October 21, 2024, Justice Reed of the New York County Commercial Division issued a decision in Bagatelle Little W. 12th LLC v. JEC II, LLC, 2024 NY Slip Op.…
Commercial Case Notes
Consolidation Based on Overlapping Discovery Denied Due to Insufficiently Similar Questions of Law or Fact
By John Lundin
On October 8, 2024, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Harkins v. Stern, 2024 NY Slip Op. 33599(U), denying a motion for consolidation because…
New York Attorney Malpractice Blog
Defendants Granted Wide Discovery
Payne v Rosenberg, Minc, Falkoff & Wolff, LLP 2024 NY Slip Op 05143 Decided on October 17, 2024 Appellate Division, First Department is not a particularly controversial decision, and we…
Tort Talk
Court Precludes Discovery From Grand Rounds Conference by Peer Review Committee in Med Mal Case
In the case of Houwelingen v. Milton S. Hershey Medical Center, No. 1:22-CV-01388 (M.D. Pa. Aug. 21, 2024 Wilson, J.), the court denied a Motion to Compel in the medical…
Resolving Discovery Disputes
Should I have been Sanctioned?
I recently received an inquiry regarding Code of Civil Procedure section 2023.050, which now states that the court SHALL impose sanctions of $1000 payable to the requesting party regarding requests for production…
Commercial Case Notes
Subpoena May Not Be Used to Determine if Evidence Exists
By John Lundin
On September 12, 2024, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Sojka v. Eisenman, 2024 NY Slip Op. 33212(U), quashing a subpoena because it was…
New York Attorney Malpractice Blog
You May Have Thought Mediation Documents were Confidential, But…
After several go-rounds the matter of Prospect Capital Corp. v Morgan Lewis & Bockius LLP 2024 NY Slip Op 33322(U) September 19, 2024 Supreme Court, New York County Docket Number:…
Commercial Case Notes
Evidence Disclosed in Settlement Discussions Not Thereby Shielded From Disclosure in Discovery
By John Lundin
On September 12, 2024, Justice Reed of the New York County Commercial Division issued a decision in Matter of Arad 2 LLC v. Hamo, 2024 NY Slip Op. 51265(U), holding…