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Discovery

1,110 published works

  1. Litigation & Trial

    More Social Media Law Misunderstanding – Sermo, A Forum for Physicians, Not Immune From Discovery

    By Max Kennerly, Esq.

    Fresh off of my juror twittering post yesterday, KevinMD points us to a Newsweek story: What might you overhear if you got 100,000 doctors together in one virtual room? You could…

  2. Litigation & Trial

    Harvard Law Professor Bungles Rules of Civil Procedure for Deposing Third Parties

    By Max Kennerly, Esq.

    Legal Blog Watch catches Charles Nesson, a professor at Harvard Law School and a founder of Harvard's Berkman Center for Internet & Society, getting reprimanded in the SONY BMG Music…

  3. Reverse & Render

    TRCP 193.6 Strikes Again

    By Byron Henry

    The Houston Court of Appeals (14th) recently held that a party may not avoid exclusion of an undisclosed expert by simply calling the witness to rebut previous testimony.  Appellee failed…

  4. British Columbia Insurance Blog

    Independent medical examinations and surveillance obtained in one action cannot be disclosed in a different action without a court order.

    By Michael Thomas

    The Plaintiff, Kitchenham, was successful in her action against her insurer who tried to compel the production of an IME report and video taped surveillance of her that was obtained…

  5. Drug & Device Law

    Subpoenaing the Enablers

    By Bexis

    Interesting new decision out of the Asbestos MDL the other day, In re Asbestos Products Liability Litigation (No. VI), 2009 WL 466381 (E.D. Pa. Feb. 25, 2009). The asbestos defendants…

  6. Delaware Corporate & Commercial Litigation Blog

    Chancery Court Denies Requested Protective Order in Rohm and Haas v. Dow Chemical Litigation

    By Francis Pileggi

    Rohm and Haas Co. v. The Dow Chemical Co., (Del. Ch., Feb. 19, 2009), read letter decision here. The Chancery Court denied a Motion for Protective Order filed by proposed third-party…

  7. Civil Procedure & Federal Courts Blog

    Ever Thought Civil Cases Take Too Long? So Does the IAALS

    By Civil Procedure

    The Institute for the Advancement of the American Legal System has put together an extremely comprehensive study on the time consumed by civil cases in American federal district courts.  It…

  8. Drug & Device Law

    The Role Of Inside Counsel In Deposition Preparation

    By Bexis

    We're still feasting from our notes of the ACI Drug and Device Conference in New York last month. This post combines our thoughts with the ideas of one of the…

  9. Reverse & Render

    “Requests for Admission Are A Tool, Not A Trapdoor”

    By Byron Henry

    In a 6-3 opinion, the Texas Supreme Court held that requests for admissions sent to an insurance carrier in one capacity cannot be used against it in different capacity. USF&G…

  10. Smooth Transitions

    The Non-Compete Playbook: Discovery

    By Rob Radcliff

    Picking up on the Company A/Jordan James dispute, Company A successfully obtained a temporary restraining order against James. The Court ordered James not to engage in any placement work and…