Topic
Discovery
1,110 published works
eDiscovery Today Blog
Proportionality Disputes Continue to Rise – Dramatically: eDiscovery Trends
By Doug Austin
In preparing for two webinars in the next two weeks on proportionality in discovery, I thought I would take a fresh look at the number of proportionality disputes and conduct…
Dispute Resolution in Germany
Germany and Pre-Trial Discovery of Documents: A New Proposal
By Peter Bert
Germany has made a reservation under Article 23 Hague Evidence Convention and does not execute letters of request “issued for the purpose of obtaining pre-trial discovery of documents as known…
Gender and the Law Prof Blog
Study Shows that Women and Non-White Judges are Substantially More Likely to Rule in Favor of Plaintiff Reaching Discovery
By Tracy Thomas
Stephen Burbank & Sean Farhang, Politics, Identity, and Pleadings Decisions on the U.S. Courts of Appeals, U Penn. L. Rev. (forthcoming We report the results of an empirical study of appeals…
Legal Profession Blog
Take Five
The Maryland Court of Appeals remanded a bar discipline matter for the limited purpose of taking evidence of mitigating and aggravating factorsIn pretrial discovery, Mr. Malone invoked the Fifth Amendment…
Litigation Finance Journal
What is Federal Rule 26? And Why Does it Matter?
By John Freund
Federal Rule 26 serves as general guidance to the duty of disclosure during discovery proceedings. The question is, should litigation finance agreements fall under Federal Rule 26’s purview? Significant effort…
Canadian Lawyer Mag
Inability to recall not constructive refusal to answer, Court denied motion to examine non-party
Statement on consent to tubal ligation, defendants claim, was not in a form they can cross-examine
Tort Talk
Trial Court Judge Rules That Defense Must Produce Video of Accident Before Plaintiff's Deposition
In the case of Capenos v. Greentree Hardware & Electric, Inc., No. GD-20-010087 (Dec. 17, 2021 Ignelzi, J.), the court issued an Order ruling that surveillance footage of an automobile…
Class Action Countermeasures
Re-Evaluating Bifurcated Discovery in Class Actions After a Recent Seventh Circuit Decision
By Trent Taylor, Andrew Gann, Noriya Shahadat
A new Seventh Circuit decision – Santiago v. City of Chicago – bolsters the strategy among some class action defense lawyers to not bifurcate class certification and merits discovery.[i] This…
Arbitration and ADR
Supreme Court Set To Resolve Circuit Split Concerning Foreign Arbitration Discovery Rules
On December 10, 2021, the U.S. Supreme Court granted certiorari in two cases to determine whether district courts can compel discovery proceedings in private foreign arbitrations. The two consolidated cases…
It's Just Business
Confidential. To a point. The Business Court Takes On “Attorneys’ Eyes Only” Designations
When it comes to confidentiality designations, “Attorneys’ Eyes Only” (“AEO”) typically offers the most stringent level of “protection” for sensitive information disclosed during a case. No one except the attorneys…