Topic
Discovery
1,110 published works
Administrative and Regulatory
Comparison of Decisions in Discovery Abuse Cases Shows…Randomness
On Friday I discussed the Miss. Court of Appeals' affirmance of a default judgment against the City of Jackson for not producing a document in discovery. Over the weekend I compared…
Sentencing Law and Policy
“Federal Judiciary Divided Over Changing Criminal Discovery Rule”
Main April 23, 2011"Federal Judiciary Divided Over Changing Criminal Discovery Rule"The title of this post is the headline of this notable piece up at The BLT. Here is how it…
Legal Profession Blog
No Substantial Need
A trial court order granting discovery against a plaintiff was reversed by New York Appellate Division for the First Judicial Department:In this action for, among other things, conversion and intentional…
Wage & Hour Litigation Blog
I Lift My Lamp Beside the Minimum Wage Claim*: District Court Finds Immigration Status “Irrelevant” to FLSA Case
Co-authored by Ariel Cudkowicz and Jessica Schauer On March 23, 2011, a federal court in Massachusetts held that an employer was not entitled to information about the named plaintiffs’ immigration…
Chicago IP Litigation
Court Distinguishes Non-Privileged Facts About Counsel
DSM Desotech, Inc. v. 3D Sys. Corp., No. 08 C 1531, Slip Op. (N.D. Ill. Jan. 12, 2011) (Nolan, Mag. J.) Judge Nolan granted in part defendant 3D System's motion…
California Trust, Estate & Probate Litigation
Give me your facts: Why Form Interrogatory 15.1 is the most important discovery question in California
California Form Interrogatory 15.1 (an “interrogatory” is just a question) is the most important interrogatory to serve on your opposing party in a lawsuit. And the law requires they answer…
Legal Skills Prof Blog
New practice scholarship: “E-Discovery Practice, Theory, and Precedent: Finding the Right Pond, Lure, and Lines Without Going on a Fishing Expedition”
This article is by Professor Rachel K. Alexander of U. South Dakota School of Law and can be found at 56 S.D. L. Rev. 25 (2011). From the introduction:E-discovery, although…
White Collar Crime Prof Blog
Grand Juries Are Not For Trial Preparation
By Ellen Podgor
In a case pending and set for trial in March in the Central District of California, with allegations of FCPA and money laundering violations, DOJ prosecutors are seeking to start…
International Law Prof Blog
Ninth Circuit Rules Russia Entitled to Broad Discovery under Bilateral Treaty with U.S.
The U.S. Court of Appeals for the Ninth Circuit recently issued a ruling interpreting the obligations of the United States to cooperate with a Russian request for discovery in connection with…
Chicago IP Litigation
Failure to Timely Disclose Third Party Witness Contacts Prevents Testimony
Chamberlain Group, Inc. v. Lear Corp., No. 05 C 3449, Slip Op. (N.D. Ill. Nov. 8, 2010) (Denlow, Mag. J.). Judge Denlow granted in part defendant Lear's motion for sanctions…