Topic
Discovery
1,111 published works
Wiley Executive Summary
Documents Relating to Other Insureds, Reserves, Reinsurance Communications, Claims Handling and Underwriting Manuals Not Discoverable
In a favorable ruling for a Wiley Rein client, a Tennessee federal court has rejected an insured’s motion to compel documents and interrogatory responses relating to reserves, reinsurance communications, claims…
Drug & Device Law
Bootstrapped Claim Against the FDA Gets the Boot
By Bexis
We’re pleased to report the demise of a plaintiff’s firm’s attempt to punish the FDA for rejecting the firm’s attempt to force the agency to create evidence helpful to plaintiffs…
Wage & Hour - Developments & Highlights
Tax Records Discoverable And, Maybe, ATM/Cell Phone Records Are As Well?
I read an interesting post the other day by Michael Thompson in the Wage & Hour Defense Blog, in which he discussed the discoverability of plaintiff ATM and cell phone…
Drug & Device Law
Another Champion for Proportionality in Discovery
For the second time within a month, an MDL court has rejected wide-ranging and potentially abusive discovery on the basis that the requests were out of proportion to the needs…
Civil Procedure & Federal Courts Blog
The End of an Era? Federal Civil Procedure After the 2015 Amendments
My article on the 2015 amendments to the FRCPs is now in print. It’s The End of an Era? Federal Civil Procedure After the 2015 Amendments, 66 Emory L.J. 1…
Drug & Device Law
The Defense’s Mandamus Petition in the Pinnacle Hip Implant MDL Yields an Unusual Victory
With one sentence, a circuit judge signaled yesterday that the Fifth Circuit is watching with acute interest what’s going on in the Pinnacle Hip Implant MDL in Dallas: Although the…
Drug & Device Law
Rules Amendments Mean That Proportionality Limits Even MDL Discovery
By Bexis
We’ve blogged several times over the past couple years about the 2015 amendments to the federal rules as they pertain to discovery, including electronic discovery. Earlier this year, after the…
In-House Ops
The Federal Tools of Civil Procedure: The FRCP amendments are waiting to be used by litigants and judges to build a better litigation system
By: Rebecca Love Kourlis, Institute for the Advancement of the American Legal System and Brittany Shultz, Ford Motor Company Nine months after major changes to the Federal Rules of Civil…
All About eDiscovery
Personal Computer/Email Accounts Discoverable
By Katie Cole
In Sunderland v. Suffolk Cty., 2016 U.S. Dist. LEXIS 77212 (E.D.N.Y. June 14, 2016) Magistrate Judge A. Kathleen Tomlinson granted plaintiff’s motion to compel defendants to search for and produce certain documents…
Wage and Hour Defense Blog
A Plaintiff’s ATM & Cell Phone Records May Be Discoverable When There Is a Particularized Showing of Relevance
[caption id="attachment_2743" align="alignright" width="113"] Michael D. Thompson[/caption] In Gonzalez v. Allied Concrete Industries, Inc., thirteen construction laborers filed suit in the Eastern District of New York. The plaintiffs claimed they…