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Discovery

1,110 published works

  1. Drug & Device Law

    Déjà Vu All Over Again

    By Bexis

    The goal for the other side in MDL litigation is to file as many complaints as possible and after that do as little work as possible – while waiting around…

  2. Legal Profession Blog

    Access A Maybe

    By Michael Frisch

    The New Jersey Appellate Division has held that a court must consider a number of factors in determining public access to unfiled discovery:In this appeal we consider whether unfiled discovery…

  3. Securities Compliance Sentinel

    SEC Does Not Always Get its Way in Discovery

    By Fox Rothschild

    In a mixed result, the SEC met with partial success with two discovery orders from New York and Chicago courts.  In the New York matter, the federal court ordered a…

  4. Civil Procedure & Federal Courts Blog

    Exclusion of evidence containing belated damages estimates upheld as sanction for violation of automatic disclosure obligations

    By Civil Procedure & Federal Courts Blog

                In Dynegy Marketing & Trade v. Multiut Corp., 2011 WL 3347848 (7th Cir. Aug. 4, 2011), plaintiff supplier sued defendants, a distributor and its owner, for unpaid invoices for…

  5. Class Action & Mass Torts

    Initial Application Of The SCOTUS Dukes Ruling To Class Action Discovery Dispute

    By Seyfarth Shaw LLP

    By Gerald L. Maatman, Jr. and Matthew Gagnon Rejecting an employer’s bid to use the U.S. Supreme Court’s recent decision in Dukes, et al. v. Wal-Mart Stores, Inc. to shield…

  6. The Trade Secret Litigator

    Apple v. Samsung: Discovery Seeking Future Trade Secrets Denied

    By John Marsh

    A recent decision in the high profile Apple v. Samsung case limits expedited discovery to existing product lines and forbids discovery as to future product trade secrets.

  7. Drug & Device Law

    An Oldie But Goodie

    By Bexis

    We’ve always been interested in being allowed to have informal (sometimes called “ex parte”) interviews with treating physicians of the plaintiffs.  We think they’re fact witnesses (the most important ones…

  8. Civil Procedure & Federal Courts Blog

    Hot Off The Presses: Recent Articles Of Interest

    By Civil Procedure & Federal Courts Blog

    With a hat tip to the Current Index to Legal Periodicals, here are some recent articles that may be of interest:Shon R. Hopwood, A Sunny Deposition: How the In Forma…

  9. In Solvency

    Decision in DBSI Delays Motion for Summary Judgment

    By Fox Rothschild LLP, Fox Rothschild LLP

    Summary In an 11 page opinion published May 27, 2011, Judge Walsh granted a motion under F.R.C.P. 56(d) and quoted another opinion which says “where the facts are in possession…

  10. Delaware Bankruptcy Update

    Decision in DBSI Delays Motion for Summary Judgment

    By Fox Rothschild LLP

    Summary In an 11 page opinion published May 27, 2011, Judge Walsh granted a motion under F.R.C.P. 56(d) and quoted another opinion which says “where the facts are in possession…