Topic
Discovery
1,111 published works
Civil Procedure & Federal Courts Blog
Federal Judge Orders Hillary Clinton to Answer Interrogatories in FOIA Case
Today U.S. District Judge Emmet Sullivan issued an opinion in Judicial Watch v. U.S. Department of State, a FOIA case seeking employment records relating to Huma Abedin, long-time aide to…
EvidenceProf Blog
California Bill Would Make Altering/Withholding/Modifying Material Evidence a Felony
By Colin Miller
California Assemblywoman Patty Lopez has introduced a pretty interesting piece of legislation. Under the bill,Prosecutors who intentionally withhold or falsify evidence could be charged with a felony under a new…
Sixth Circuit Appellate Blog
Objections To Criminal Presentence Report Protected Against Discovery In Class Action
In Cyphert v. Scotts Miracle-Gro Co. (In re: Morning Song Bird Food Litig.), No. 15-3943, the Sixth Circuit imposed a high standard on class action plaintiffs seeking to use two…
Drug & Device Law
The Court in the Fluoroquinolone MDL Orders That Defendants Do Not Have to Produce Sales Rep Custodial Files (Not Yet)
This post comes from the Cozen O'Connor side of the blog. If you say the words “sales rep custodial files” to an in-house litigation counsel at a pharmaceutical company, she…
Civil Procedure & Federal Courts Blog
Moriarty on the 2015 Amendments to the FRCP
Richard Briles Moriarty, Assistant Attorney General, State of Wisconsin, has published in the American Journal of Trial Advocacy, 39 Am. J. Trial Advoc. 227 (2015) (available on Westlaw), his article,…
Broker- Dealer Law Corner
Procedural Motions In FINRA Enforcement Actions: An Exercise In Futility
By Alan Wolper, UB Greensfelder
Defending a FINRA Enforcement action is not easy. This stems principally from the fact that FINRA simply won’t file a complaint in the first place if they believe that there’s…
Chicago IP Litigation
Party Cannot Challenge Third Party Subpoena Based Upon Third Party’s Burden
Glacier Films (USA), Inc. v. Does 1-29, No. 16 C 4016, Slip Op. (N.D. Ill. Dec. 15, 2015) (Darrah, J.). Judge Darrah denied Doe 7’s motion to quash plaintiff Glacier…
New York Attorney Malpractice Blog
Discovery, Adverse Inference and Sanctions in a Legal Malpractice Case
Playing around with big corporations in a legal malpractice setting requires huge gulps of discovery. One might expect 10,000+ emails, tons of testimony and millions of paper documents. What happens when…
Chicago IP Litigation
Court Denies Post-Discovery Close Deposition
DR Distribs., LLC v. 21st Century Smoking, Inc., No. 12 C 50324, Slip Op. (N.D. Ill. Dec. 15, 2015) (Johnston, Mag. J.). Judge Johnston denied defendants’ motion to compel the…
Civil Procedure & Federal Courts Blog
How the Current Version of Rule 5 Frustrates Public Access to Discovery in the “Trump University” Lawsuit and Other Cases
Most people know by now that Cohen v. Donald Trump, No. 3:13-cv-02519, is a class action in federal court in San Diego alleging that Trump University defrauded thousands of consumers…