Topic
Discovery
1,111 published works
Class Action Countermeasures
Working 9 to 5 and Proving It
Below is an update from Chelli D. Robinson, Jill Crawley Griset, and Anne Bentley McCray on the state of discovery in FLSA class actions. We're grateful for the opportunity to…
PTAB Law Blog
PTAB Precedent Puts the “Nail in the Coffin” With Respect to Additional Discovery in AIA Proceedings
It has long been this author’s position that there is no meaningful additional discovery in AIA proceedings but rather only production of specific documents and things which a party can…
EvidenceProf Blog
Judge in Freddie Gray Case Finds Brady Violation, Says Baltimore’s #2 Prosecutor Doesn’t Understand Discovery Rules
By Colin Miller
Earlier today, Judge Barry Williams found that the prosecution in the Caesar Goodson case violated Brady v. Maryland by failing "to disclose to the defense that they had engaged in a lengthy…
Wiley Executive Summary
Insurer Not Required to Produce Post-Litigation Claim File Documents
Applying California law, a federal district court has held that an insured is not entitled to discovery of information in its insurer’s claims-handling file that post-dated the filing of coverage…
Wiley Executive Summary
Court Limits Discovery in Absence of Bad Faith Claim
The United States District Court for the Middle District of Florida, applying federal law, has denied a motion to compel an insurer to produce its claims file, underwriting file, and…
AIA Blog
PTO Designates New Precedential Opinions on Additional Discovery, One-Year Time Bar, Substitute Claims, and Interpretation of § 312(a)(2)
On Tuesday, May 10, 2016, the PTAB designated the following five decisions as precedential, providing authority on various procedural issues including: criteria for additional discovery; the nature of service triggering…
Washington Energy Report
FERC Denies Formal Discovery in Civil Penalty Assessment Procedures
On May 6, 2016, in a pending civil penalty assessment proceeding, the Federal Energy Regulatory Commission (“FERC”) denied the motion of ETRACOM LLC (“ETRACOM”) and Michael Rosenberg (collectively, “Movants”) to…
Ohio Appellate Insights
What’s On Their Minds: Is an Order Compelling Production of Allegedly Privileged Information a Final Appealable Order? Darlene Burnham v. Cleveland Clinic, et al.
Update: On December 7, 2016, the Supreme Court of Ohio handed down a merit decision in this case. Read the analysis here. “We have an incident report on the date,…
Drug & Device Law
When You’re In, You’re All In
This post comes from the Cozen O'Connor side of the blog. Drug and device lawsuits fling open the plaintiffs’ medicine cabinet and slide open the drawers to their doctors’ file…
Zalma's Insurance 101 Videoblog
Insurance 101 – Chapter 13 – Volume 9 – General Discovery
By Barry Zalma
General Discovery The key to civil litigation is discovery, the process whereby each party demands information from the other and is entitled to a fair response. Black’s Law Dictionary7 defines…