Topic
Discovery
1,111 published works
IP Intelligence
PTAB Grants Discovery to Underlying Test Data
Discovery in inter partes review (IPR) proceedings at the Patent Trial and Appeal Board (PTAB) is typically quite limited, and the PTAB normally is reluctant to grant motions for additional…
CAFA Law Blog
District Court Orders Parties to Conduct Jurisdictional Discovery Before It Can Rule on Amount-in-Controversy and CAFA Exception Issues
Brinkley v. Monterey Financial Services, Inc., 2016 WL 4886934 (S.D. Cal. Sept. 15, 2016). A district court in California ordered the parties to conduct jurisdictional discovery to determine if two-thirds of…
Nashville Criminal Law Report
How to Stop the Evidence Dump
By Rob McKinney
One of the common issues that happens to me shortly before a criminal trial is the evidence dump. The assistant district attorney starts working their case and discovers evidence that…
Wiley Executive Summary
Court Applies 2015 “Proportionality” Amendments to Federal Rules to Preclude Insured’s Discovery into Extrinsic Evidence Regarding Insurance Policy
A Pennsylvania federal district court, evaluating the recent amendments to the Federal Rules of Civil Procedure regarding proportionality in discovery, has held that an insured that seeks to discover extrinsic…
NJ Family Legal Blog
How Can The Answer Be No Before You Know What The Question Is?
We have all had those cases where any request that we made, big or small, has been rejected by the other side and any requests that our client has made…
PrawfsBlawg
Spencer appointed to Civil Rules Committee
Main Tuesday, May 16, 2017Spencer appointed to Civil Rules CommitteeBen Spencer (Virginia) has been appointed to the Civil Rules Advisory Committee. Congratulations to Ben. Posted by Howard Wasserman on May…
Drug & Device Law
Discovery – Requestor Pays, Part of the Way, Anyway
By Bexis
One of the issues that the federal Civil Rules Committee’s discovery subcommittee considered, but that eventually fell by the wayside, on the way to the 2015 discovery rules amendments, were…
The D&O Diary
Mandatory Disclosure of Third-Party Litigation Funding: Up Next?
Most observers of the current litigation scene are well aware of the recent rise in litigation funding, both in the U.S. and around the world. Indeed, according to a recent…
Wage and Hour Defense Blog
Can Defendants Obtain Discovery from Each “Party Plaintiff” in a Collective Action?
By Patrick G. Brady, Julie Saker Schlegel
Since 2000, the number of wage and hour cases filed under the Fair Labor Standards Act (“FLSA”) has increased by more than 450 percent, with the vast majority of those…
Minding Your Business
WARNING: Follow Rules Governing Objections to Discovery Requests or Waive Them
On February 28, 2017, Southern District of New York Magistrate Judge Andrew J. Peck issued a warning shot, stylized as a “wake-up call,” to the SDNY Bar: comply with the…