Topic
Discovery
1,111 published works
Drug & Device Law
Sanctions For An MDL Bellwether Plaintiff’s Discovery Conduct
Stop us if you have heard this before. A novel or movie depicts litigation in which a large corporate defendant is sued for causing a plaintiff or plaintiffs significant injuries…
Who Is My Employee?
Arbitration Agreements Can Prevent Discovery of Other Class Members
An old Canadian poem called “The Shooting of Dan McGrew” tells the tale of a Yukon Gold Rush prospector (McGrew), his sweetheart “Lou,” and a stranger who buys drinks for…
Washington Workers Compensation Blog
Social Media
By Terri
You have a Facebook page; You tweet; You Instagram – and you have an injury at work. BEWARE! Whether you intend to or not – you are leaving an evidence…
Life Science Legal Report
Granting A Motion For Discovery, Board Bars Changes In Theory Of The Evidence
We wrote previously regarding Incyte Corp. v. Concert Pharms., Inc., IPR2017-01256, in which the Board reached different conclusions regarding the availability of two pieces of prior art, over a dissent…
Drug & Device Law
Can Plaintiffs Preempt the Preemption Defense By Demanding Preemption Discovery?
The whole business of discovery in civil litigation is dreary and depressing. In a mass tort, a defendant can rack up defense verdicts yet still incur discovery costs that exceed…
The Relativity Blog
Case Law Update: Dining at Denny’s Brings Adventures in Proportionality
By Relativity
Plaintiffs aren't the only ones making broad e-discovery requests--as one personal injury litigant learned recently after suing Denny's.
Drug & Device Law
Plaintiff Ignored a Gift Horse and It Came Back to Bite Her
This post is from the non-Reed Smith side of the blog. You’re likely all familiar with the phrase, “don’t look a gift horse in the mouth.” Checking out a gift…
Legal Profession Blog
No New Duty
The United States Court of Appeals for the Fourth Circuit affirmed the imposition of sanctions against three attorneys and their firmsThe district court based its decision to award sanctions on…
North Carolina Business Litigation Report
NC Business Court Rejects The Idea Of A “Settlement Privilege”
Statements made in the course of settlement negotiations are inadmissible at trial, per Rule 408 of the NC Rules of Evidence. But does that dead end to admissibility protect against…
Property Insurance Coverage Law Blog
Changes in the Arizona Rules of Civil Procedure Will Impact Your Case
In 2017, the Arizona Supreme Court changed the scope and limits of discovery to “any non-privileged matter that is relevant to any party’ claim or defense and proportional to the…