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Discovery

1,111 published works

  1. Chicago IP Litigation

    Errata Sheet Cannot Change “Yes” to “No”

    By R. David Donoghue

    Ali v. The Final Call, Inc., No. 13 C 6883, Slip Op. (N.D. Ill. Jun. 19, 2015) (Feinerman, J.). Judge Feinerman granted defendant Final Call’s motion to strike one line…

  2. Education Law Prof Blog

    Eleventh Circuit: Ala. Education Assoc. Not Entitled To Discovery About Legislators’ Subjective Intent In Passing Law Limiting Use of Funds

    By LaJuana Davis

    The Eleventh Circuit held yesterday that the Alabama Education Association (AEA) could not enforce subpoenas for lawmakers' files in its suit claiming that state Republicans retaliated against the association by…

  3. Ohio Appellate Insights

    Commentary: Interesting Proposal about Storage of Medical Records.

    By Marianna Bettman

    On September 2, 2015, the Supreme Court of Ohio heard oral argument in the case of Gene’a Griffith, Executrix for the Estate of Howard E. Griffith, Deceased v. Aultman Hospital.…

  4. Corporate Defense and Disputes

    SEC Proposes Amendments to Rules Governing Administrative Proceedings

    By Jonathan Richman

    The Securities and Exchange Commission appears to be hearing the music.  In response to the many voices that have expressed dissatisfaction with the procedures used in SEC administrative hearings, the…

  5. Employment Class and Collective Action Update

    Upcoming Amendments to the FRCP And Implications On Class Action Defense Costs

    By Timothy J. Domanick

    On December 15, 2015, several amendments to the Federal Rules of Civil Procedure are scheduled to take effect, including one which may assist employers to reduce the cost of defending…

  6. Employment & Labor

    Court Rejects The EEOC’s Request For A Free Pass From Discovery In Pattern Or Practice Lawsuit

    By Laura Maechtlen

    By Gerald L. Maatman Jr. and Christina M. Janice In an order recently issued in EEOC v J.R. Baker Farms, LLC, et al., Case No. 7:14-CV-136 (M.D. Ga. Sept. 9, 2015),…

  7. Employment Class and Collective Action Update

    When It Comes To Pre-Certification Class Discovery, Don’t Give Away (More Than) The Store

    By Jackson Lewis P.C.

    Many employers who are familiar with class actions know that merits-based discovery is generally impermissible before a class has been certified. As a result, these employers often push back –…

  8. Drug & Device Law

    Ask But Don’t Tell: Kentucky Allows Defendant to Seek Ex Parte Interviews of Plaintiff’s Treating Physicians

    By Rachel B. Weil

    We walked into the Drug and Device Law Rock Climber’s room last night to find her packing for her return to college while the ignored TV blared in the background.  Onscreen was…

  9. The Contingency

    In Seventeen Hundred and Eighty-Two, Discovery Can Sail the Ocean Blue

    By Barry Barnett

    [caption id="attachment_6629" align="alignright" width="300"] How may terabytes in a cargo container?[/caption] Rulings on 28 U.S.C. § 1782 Since mid-July 2015, federal courts of appeals have decided at least five cases involving a…

  10. Legal Profession Blog

    Practice Pointer: Read The Discovery Materials

    By Michael Frisch

    A public censure was imposed by the Wyoming Supreme Court who negotiated a guilty plea to DUI for a client.The problem? Discovery showed the client's blood alcohol content at 0.0%.The attorney…