Topic
Discovery
1,111 published works
Civil Procedure & Federal Courts Blog
Discovery Protocol Results in More Settlements, Fewer Motions to Compel
I don’t know how I missed this when it came out, but better late than never. The Federal Judicial Center has published a brief empirical study of the pilot project…
Drug & Device Law
Disproportionate Discovery, Even in an MDL
By Bexis
Here’s a significant post-rules-amendments discovery decision out of the Xarelto MDL. In In re Xarelto (Rivaroxaban) Products Liability Litigation, 2016 WL 311762 (E.D. La. Jan. 26, 2016), the court (Fallon,…
Labor Law Prof Blog
Digging for Dirt
The New York Law Journal reports a story about a restaurant group going the extra mile in trying to dig up dirt about a plaintiff in an employment discrimination suit.…
Drug & Device Law
The Shape of (Discovery) Things To Come?
By Bexis
We assume that all of our readers by now know that significant changes to the federal discovery rules went into effect on December 1, 2015. We’ve posted about them frequently.…
North Carolina Business Litigation Report
Arbitration Provision Which Completely Prohibited Any Discovery Enforced By NC Business court.
I don't draft arbitration provisions in agreements, but if I did I would not draft one like the one in Taggart v. Physicians Pharmacy Alliance, Inc. Not because it turned…
Legal Profession Blog
Sexist Remark Draws Women Bar Association Contribution
The ABA Journal has just posted an order of the United States District Court for the Northern District of California that can serve as a teaching tool on how not…
Internet, IT & e-Discovery
Supreme Court thinks proportionality will help eDiscovery, but not everyone agrees
By Peter Vogel
In support of the 2015 Amendments to the Federal Rules of Civil Procedure Chief Justice John Roberts said that “Rule 26(b)(1) crystalizes the concept of reasonable limits on discovery through…
Civil Procedure & Federal Courts Blog
Chief Justice’s Year-End Report Praises Rules Amendments Sought by Corporate Defendants
Last year, I complained that the Chief Justice’s Year-End Report for the federal judiciary was irrelevant to real-world concerns. This year, I cannot complain about Year-End…
Drug & Device Law
N.D. Mississippi Says “Bah, Humbug!” to Discovery on Devices Not Used
Discovery was so much easier when we prosecuted federal criminal cases. We got no discovery from the criminal defendant. That is not to say we were not entitled to any;…
SDNY Blog
Judge Crotty: People Magazine Editor Alleging Race Discrimination Cannot Get Discovery About What Stories People Chose to Publish
In a decision yesterday, Judge Crotty denied a motion by a former People magazine editor, who claims that she was fired based on her race and that People magazine was…