Topic
Discovery
1,110 published works
New York Attorney Malpractice Blog
The Non-Party Deposition in New York
A non-party deponent, served with a subpoena, arrives for a deposition. That non-party wisely brings an attorney. What may the attorney do at the deposition? It depends where the case…
Drug & Device Law
Sometimes It’s Anything But Discovery
Maybe it’s the word. It sounds so positive and promising: “Discovery.” Discovery leads to good and helpful things: “Einstein discovered relativity.” “Ben Franklin discovered electricity” (well, not really, but he…
Patents Post-Grant
PTAB Denies District Court Style Discovery Antics
PTAB's Limited Discovery Practices Emphasized in IPRParties to an Inter Parties Review (IPR) proceeding may obtain "limited discovery" at the USPTO's Patent Trial & Appeal Board (PTAB). Such discovery is…
New York Attorney Malpractice Blog
Conseqences of Discovery Failures
Justice Ritholtz of Supreme Court, Queens County lays the issue out in the first sentence of the decision in 150 Centreville, LLC v Lin Assoc. Architects, PC 2013 NY Slip…
Drug & Device Law
Denture Cream Plaintiffs Want to Eat Their Cake and Have it Too
You all know this is a defense blog. You all know we focus on defense victories. So, it shouldn’t be surprising that when a defense win comes at the hands…
Litigation & Trial
Toot! Toot! All Aboard the Baloney Train!
Hardly a week goes by without an insurance company, a big corporation, or one of their lobbying groups complaining about "the cost of litigation," usually prefacing the word "cost" with…
Ohio Appellate Insights
What’s on their Minds: More on the Confidentiality of Medical Records. Todd Leopold, et al. v. Ace Doran Hauling & Rigging Co., et al.
Update: On July 18, 2013 the Supreme Court handed down a merit decision in this case. Read the analysis here. On February 5, 2013, the Supreme Court heard oral argument…
British Columbia Insurance Blog
Initiation of the appraisal process does not preclude the jurisdiction of the supreme court rules
The insurer ("Axa") was successful in obtaining an order compelling the insured, Lauzon (the "plaintiff"), to attend either at an examination under oath or at an examination for discovery to…
Class Defense Blog
How Much Discovery From Opt-Ins in FLSA Collective Actions Should Businesses Seek?
A recent federal court decision has addressed the knotty issue of a defendant’s right to discovery in an FLSA collective action from the individuals who opt into the class after…
Sixth Circuit Appellate Blog
Sixth Circuit Affirms Dismissal of Complaint Based on Discovery Violations
In Universal Health Group v. Allstate Insurance Company, the Sixth Circuit affirmed as a sanction the ultimate penalty - dismissal of a complaint based on pervasive discovery violations. The Court,…