Topic
Discovery
1,111 published works
Civil Procedure & Federal Courts Blog
More on the Duke Law Center and the New Discovery Proportionality Rule
To mark the effective date of the latest FRCP amendments, the American Constitution Society's blog posted a short piece by Professor Suja A. Thomas entitled Duke Law and the New Discovery…
New York Trusts & Estates Litigation
The Essentials of a Discovery Proceeding
This month’s blog post will address a recent decision by the Appellate Division, First Department, entered in In re Perelman, that helps reiterate and define the parameters of discovery proceedings.…
Employment & Labor
Court Issues Mixed Bag Discovery Decision In EEOC Nationwide Race Discrimination Case
By Christopher M. Cascino and Gerald L. Maatman, Jr. In EEOC v. DolGenCorp, LLC d/b/a Dollar General, No. 13-CV-4307 (N.D. Ill.), a case we blogged about previously here, Judge Andrea…
Byte Back
FRCP amended Rule 26 puts litigation on data diet – will it stick?
By Peter Sloan
As we anticipate the calorie-bomb of Thanksgiving dinner, let’s face it – litigation preservation is overweight, obese, and corpulent, torpidly dazed in a fat/sugar coma of way too much data.…
Wiley Executive Summary
Insurer Obligated to Produce Underwriting Files Relating to Policies Issued to Other Policyholders
The United States District Court for the Western District of Pennsylvania ruled that, under federal rules of civil procedure regarding discovery, an insurer is obligated to produce in coverage litigation…
EvidenceProf Blog
“The Man in the High Castle” & Plausible Allegations
By Colin Miller
"The Man in the High Castle," a TV series based upon Philip K. Dick's same named novel will premiere on Amazon Prime tomorrow. It's already receiving rapturous reviews. The plot…
Civil Procedure & Federal Courts Blog
Thornburg on Cognitive Bias, the “Band of Experts,” and the Anti-Litigation Narrative
Professor Elizabeth Thornburg has posted on SSRN her article, Cognitive Bias, the "Band of Experts," and the Anti-Litigation Narrative. The article was written for the Clifford Symposium this past spring and is…
Civil Procedure & Federal Courts Blog
Law Professor Challenges the Seeming Federal Endorsement of Duke Nonbinding “Guidelines” on Proportionality Amendments
When I first read a draft of the Duke Center for Judicial Studies’ "Guidelines and Suggested Practices for Implementing the 2015 Discovery Amendments to Achieve Proportionality" (the “Duke Guidelines”), I was…
Civil Procedure & Federal Courts Blog
Public Interest Group Reports on November 5 Advisory Committee Meeting
Valerie Nannery, Senior Litigation Counsel for the Center for Constitutional Litigation, attended the November 5, 2015 meeting of the Advisory Committee on Civil Rules (agenda here) in Salt Lake City, Utah,…
Civil Procedure & Federal Courts Blog
Programs Abound to Explain the 2015 FRCP Amendments
With the newest revisions to the Federal Rules of Civil Procedure due to take effect on December 1, 2015, a number of organizations, such as the ABA and other bar…