Topic
Discovery
1,110 published works
Civil Procedure & Federal Courts Blog
Malveaux on Pre-Dismissal Discovery and Iqbal
By Civil Procedure & Federal Courts Blog
Professor Suzette M. Malveaux (Catholic University School of Law) has posted "Front Loading and Heavy Lifting: How Pre-Dismissal Discovery Can Address the Detrimental Effect of Iqbal on Civil Right Cases"…
Civil Procedure & Federal Courts Blog
Fischer on Unintended Disclosure of Privileged Information
By Civil Procedure & Federal Courts Blog
Professor James Fischer (Southwestern University School of Law) has posted "How Should Lawyers Handle the Unintended Disclosure of Possibly Privileged Information" on SSRN. The abstract states:The inadvertently sent email that…
The Appellate Strategist
The Coito Decision Questions Nacht and Puts the Scope of California Work Product Protection in Question
Nacht & Lewis Architects, Inc. v. Superior Court may be the most widely cited case in California. It seems to appear in most responses to Form Interrogatory Nos. 12.2 and…
Civil Procedure & Federal Courts Blog
Hartnett on Responding to Twombly and Iqbal
By Civil Procedure & Federal Courts Blog
Professor Edward Hartnett (Seton Hall) has posted on SSRN his essay Responding to Twombly and Iqbal: Where Do We Go from Here?, to be published later this month in the…
TortsProf Blog
Historians in Tobacco Litigation
Jon Wiener of The Nation has an interesting cover story, "Big Tobacco & the Historians: A Tale of Seduction and Intimidation," in last week's issue. It's well worth a read,…
Legal Ethics Forum
California case: recorded statements from witnesses aren’t work product; are discoverable
Decision here in Coito v. Superior Court, disagreeing with existing California case law in Nacht & Lewis Architects, Inc. v. Superior Court, 47 Cal.App.4th 214 (1996).
PrawfsBlawg
Symposium:PonderingIqbal
Main Sunday, February 21, 2010Symposium: Pondering IqbalThe new issue of Lewis & Clark Law Review is on-line, with a fantastic paper symposium on the much-maligned Aschroft v. Iqbal (the first…
Delaware Corporate & Commercial Litigation Blog
Court Grants Motion To Compel Discovery From Party’s Wholly-Owned Subsidiary Which Was Not a Party to the Litigation
Dawson, et al. v. Pittco Capital Partners, L.P., et al., No. 3148-CC (Del. Ch.,Feb. 15, 2010), read letter decision here. Kevin Brady, a highly regarded Delaware litigator, provided this synopsis.…
California Employment Law
Limiting Discovery in Arbitration
If you arbitrate employment disputes, then you may have seen that the limits on discovery vary from arbitrator to arbitrator. Some allow interrogatories, some don't. Some limit the number and length…
EvidenceProf Blog
New Problem. Old Solution: Andrew Perlman’s “The Legal Ethics Of Metadata Mining” & What I Think It Tells Us About Compelled Forensic Imaging
By Colin Miller
Metadata is essentially information that is embedded in -- not apparent on the face of -- electronic documents, such as word processing files or spreadsheets. Metadata can contain a wide range of information, including…