Topic
Discovery
1,110 published works
Proskauer on Privacy
Third Party Discovery of Foreign Bank Records Should First Proceed Under the Hague Convention
Where U.S. litigation discovery obligations were argued to be in conflict with foreign civil and criminal privacy statutes, many recent opinions found that discovery should proceed under the Federal Rules…
New York Trusts & Estates Litigation
A View from the Appellate Bench
This week, Ilene S. Cooper provides a summary of recent decisions emanating from the appellate courts, which address a range of topics pertinent to the estate practitioner.
Civil Procedure & Federal Courts Blog
Benham on Twombly/Iqbal and Rule 60(b)
By Civil Procedure & Federal Courts Blog
Professor Dustin Benham (Texas Tech) has posted on SSRN a draft of his article, Twombly and Iqbal Should (Finally!) Put the Distinction Between Intrinsic and Extrinsic Fraud Out of Its…
New York Attorney Malpractice Blog
How Many Depositions Are Permitted in Legal Malpractice
It's a trick question. The answer is always those that are relevant, material and cannot be obtained elsewhere. In the Fourth Department, this case states the rule:Riordan v Cellino &…
San Antonio Employment Law Blog
Plaintiff Sanctioned with Dismissal of her Case
Discrimination lawsuits, like many lawsuits, rely heavily on discovery. Discovery is the process by which we seek the other sides' evidence. In employment cases, the discovery process takes on added…
Civil Procedure & Federal Courts Blog
Singer on Discovery and Proportionality
By Civil Procedure & Federal Courts Blog
Professor Jordan Singer (New England) has posted on SSRN a draft of his article, Proportionality's Cultural Foundation, which is forthcoming in the Santa Clara Law Review. Here’s the abstract:Since the…
Class Action & Mass Torts
California Court Of Appeal Limits Plaintiffs’ Request For Discovery To Locate New Class Representatives In A “Headless” Class Action
By Kari Levine and Laura Maechtlen In a ruling on April 25, 2011, the California Court of Appeal for the Fourth Appellate District in Starbucks v. Superior Court (Lords), No.…
White Collar Crime Prof Blog
Discovery
By Ellen Podgor
Check out David Markus' op ed on discovery here. The last line is a classic -"Perhaps the Department of Justice would like to amend the plaque found in federal courtrooms…
White Collar Crime Prof Blog
New Scholarship – Plea Bargaining, Discovery and the Looming Battle Over Impeachment Evidence
By Ellen Podgor
Professor Mike Cassidy (Boston College) has a wonderful new piece titled Plea Bargaining, Discovery, and the Looming Battle Over Impeachment Evidence, which will be published in Vol. 64 of the Vanderbilt Law…
Chicago IP Litigation
Related Third Parties Given Limited Access to Confidential Documents
Sullivan d/b/a Survivor v. Jamison, No. 06 C 5240, Slip Op. (N.D. Ill. Dec. 21, 2010) (Mason, J.). Judge Mason ruled upon the parties' cross motions regarding a Protective Order…