Topic
Discovery
1,111 published works
Resolving Discovery Disputes
Discovery May Be Obtained of the Identity and Location of Persons Having Knowledge of Any Discoverable Matter
The title of this blog is a quote from the most basic tenant of the 2016 Discovery Act found in Code of Civil Procedure Section 2017.010 titled Matters Subject to Discovery which reads: "Unless…
Business and Commercial
Seyfarth Shaw Submits Comments On Needed Reform To Rule 30(b)(6)
By Gerald L. Maatman, Jr. and Julie Yap Seyfarth Synopsis: Seyfarth Shaw submitted comments to the Federal Advisory Committee on Civil Rules regarding needed reform to Rule 30(b)(6), the rule…
EvidenceProf Blog
Nevada Case Makes Clear That Rules of Evidence Aren’t Rules of DIscovery
By Colin Miller
The recent opinion of the United States District Court for the District of Nevada in Caballero v. Bodega Latino Corporation d/b/a El Super, 2017 WL 3174931 (D. Nevada 2017), is the…
The IP Law Blog
Repeated Discovery Failures and Abusive Litigation Tactics Warrant Terminating Sanctions, Treble Damages, Attorney Fees and Permanent Injunction Against Defendant In Patent Litigation Case.
By: Eric Caligiuri In TASER International, Inc. v. PhaZZer Electronics, Inc. et al, 6-16-cv-00366 (FLMD July 21, 2017, Order), a Florida District Court took the drastic step of entering a…
Employment Law Watch
California Supreme Court Expands Scope of PAGA Discovery
By Julia Trankiem, Michael Kleinmann
On July 13, 2017, in a decision with serious repercussions on the scope of PAGA discovery, the California Supreme Court overruled the Court of Appeals in Williams v. Superior Court to…
Labor & Employment Law Blog
California Supreme Court Reaffirms Broad Right to Discovery in PAGA Actions
By Thomas Kaufman, Melissa Smith
The California Supreme Court issued its long awaited ruling in Williams v. Superior Court, in which it clarified the scope of discovery in actions brought under the Private Attorneys General…
Tax Controversy 360
Are You Required to Disclose Supporting Legal Authorities During Discovery?
By Andrew R. Roberson, Kevin Spencer
Discovery in tax litigation can take many different forms, including informal discovery requests (in the US Tax Court), request for admissions, interrogatories and depositions. In addition to obtaining facts, litigants…
PrawfsBlawg
N.D. Ill. Pilot Program on Discovery Changes
Main Wednesday, June 28, 2017N.D. Ill. Pilot Program on Discovery ChangesThe following was posted by past guest Robin Effron (Brooklyn) at the Civ Pro & Fed Courts Blog, on a…
Civil Procedure & Federal Courts Blog
Pilot Program in the Northern District of Illinois Changes Pleading and Discovery Timing
By Robin Effron
The Northern District of Illinois launched a mandatory pilot program last month that requires parties to engage in a series of mandatory discovery requests and disclosures. The FJC reports that…
Texas Employment Law Update
Texas Supreme Court Holds Defendant Attorney Fee Data Not Normally Discoverable
In many employment disputes, the recovery of reasonable attorney’s fees is an element a prevailing plaintiff-employee can recover. Some plaintiffs attempt to show the reasonableness of their counsel’s rates and…