Topic
Discovery
1,110 published works
Property Insurance Coverage Law Blog
Dynamite Discovery Decisions: Part 2 – Viking Yacht Co. v. Affiliated FM Ins. Co. (S.D. Fla.)
Over five years ago, I had a hand in the motion practice that led to the lovely Viking Yacht Co. discovery order that is the focus of this post.1 So,…
Essential Patent Blog
Microsoft-Motorola update: Parties spar over discovery issues, and Microsoft wants its bond money back
It's been relatively quiet in the Western District of Washington over the past couple weeks, as Motorola and Microsoft move forward toward an August jury trial on Microsoft's RAND-based breach…
The Faculty Lounge
The Duty to Assist: How do you Operate a Discovery Process that Obtains More than a Million Expert Opinions a Year?
If the duty to notify fulfills the role of pleading, then the duty to assist is the veterans benefits system’s version of discovery. On the surface at least, it is…
Litigation & Trial
The Federal Judicial Committee’s Proposal To Break The Discovery Rules
Being a plaintiff’s lawyer these days requires more than a little bit of stoicism. The federal appellate courts rarely issue rules that expand the rights of people injured by corporate…
Property Insurance Coverage Law Blog
Dynamite Discovery Decisions: Part 1 – Barten v. State Farm
After thirty-two weeks of posting on insurance policy conditions, it is time to turn over a new blog leaf. In the legal world, there is this very important thing called…
Property Insurance Coverage Law Blog
The Insurer And Its Independent Adjuster Said There Was No Damage From Hail Storms To My Property; Should I Be Able To Obtain Other Hail Files That The Adjuster Handled?
By Shaun Marker
If an insurance adjuster states in deposition there was no damage to your property after a hail storm, but he had previously issued reports finding the properties around and including…
Technology Law Source
Court relies on proportionality to deny inspection of defendant’s computers, cell phones and email accounts
Earlier this year, we wrote about a decision in which a federal district court rejected a proportionality argument and ordered the production of a defendant’s entire database because the information…
Drug & Device Law
More Leveling of the Playing Field
Due to Reed Smith’s involvement in the pelvic mesh litigation, this post is from the Dechert side of the blog only. Ex parte interviews of treating physicians – a subject…
Mass Tort Defense
Third Circuit Affirms Asbestos Dismissals
By Sean Wajert
Readers know that too often the necessary administrative procedures set in place in a mass tort are enforced on a one-way basis, costing defendants mo
Civil Procedure & Federal Courts Blog
Meyn on Comparing Civil and Criminal Discovery
By Civil Procedure & Federal Courts Blog
Prof. Ion Meyn (Wisconsin) has posted on SSRN a draft of hisarticle Discovery and Darkness: The InformationDeficit in Criminal Disputes, which will appear in the Brooklyn LawReview. Here’s the abstract:…