Topic
Discovery
1,111 published works
Property Insurance Coverage Law Blog
Depositions versus Examinations Under Oath
A comment to my earlier post, The Importance of Examinations Under Oath, asked me to differentiate between a deposition and an examination under oath. A deposition is a discovery tool…
NJ Family Legal Blog
WHO IS THE PETER PIPER PAPER PUSHING PRESSURE PARTY?
One of the more well known "negotiation" strategies in divorce that I have dealt with recently is the litigant who is intent on pressuring/forcing the other party into an inequitable surrender by burying the…
Louisiana Law Blog
Limiting Discovery in the Punitive Damages Context
In cases where punitive damages have been claimed and could potentially be awarded defendants should be aware of whether, and to what extent, their wealth and financial data is subject…
Disability Insurance Claims Law Blog
ERISA Discovery in Disability Cases in Kentucky, Michigan, Ohio and Tennessee
By Gregory Dell
Disability insurance cases are challenging to litigate. The discovery process is when you can try to learn about the bias of each insurance company. Why would you want to conduct…
Technology Law Source
When is “discovery about discovery” permitted?
A court in the Southern District of Ohio recently ordered the defendants in a wrongful death case to answer interrogatories asking them to explain “what procedures or methods were used…
Civil Procedure & Federal Courts Blog
Senate Judiciary Committee Hearing on Proposed Changes to FRCP Discovery Rules
In the midst of a week that’s chockfull of civil procedure, we’re just moments away from a hearing of theSenate Judiciary Committee Subcommittee on Bankruptcy and the Courts entitled “Changingthe…
Civil Procedure & Federal Courts Blog
Benham on the First Amendment in Protective-Order Litigation
Dustin Benham has posted on SSRN his article Dirty Secrets: The First Amendment in Protective-Order Litigation, forthcoming in Cardozo Law Review.Abstract:Courts are split on whether the First Amendment limitsjudges' power…
Civil Procedure & Federal Courts Blog
A Big Week for Civil Procedure & Federal Courts
There is a lot of action on the civil procedure & federalcourts front next week. Mark your calendars (especially if you’ll be in D.C.).Monday, November 4: SCOTUS oral argument in…
Drug & Device Law
Yet Another Reason (If One Were Needed) For Amending Rule 26
By Bexis
We posted recently – and enthusiastically − about the proposed changes to the federal rules governing discovery: how they would largely end the ediscovery gotcha games, how they would make anticipatory…
Minnesota Employer
Can an Employer Subpoena a Former Employee's Cell Phone Records?
A federal district court in California recently held that an employer could subpoena a former employee's cell phone records as part of discovery in a pending lawsuit. In Kamalu v.…