By Max Mitchell | August 21, 2017
The Pennsylvania Supreme Court has agreed to take up the appeal of a woman who aims to sue her doctor over an alleged misdiagnosis of her Lyme disease as multiple sclerosis. The woman's case had been tossed out partly because of Facebook posts indicating she knew she suffered from the disease years before filing suit.
By Paola Pearson | August 18, 2017
As lawyers, we are often compelled to "stick to the script" by following in the footsteps of those who came before us, even when that means adopting legalese and using rigid templates that likely made little sense to their drafters. The discovery process is not immune to this phenomenon, following a life cycle that seems almost etched in stone: a series of requests for production of documents, interrogatories or requests for admissions, culminating with depositions laden with questions based on the information and documents received in response. While these are all necessary steps, there is another frequently underutilized discovery tool that is available to all of us. When properly used, it can serve as a powerful supplement to traditional discovery methods.
By By Rhys Dipshan | August 18, 2017
A Zapproved survey found that in the face of sanctions and a growing volume of disparate corporate data, many companies are turning to technology to help manage legal holds.
By thelegalintelligencer | The Legal Intelligencer | August 18, 2017
The trial court properly held that the defendant corporation waived attorney-client privilege by forwarding attorney correspondence to an outside public relations consultant since the record did not support a finding that the consultant firm fell within the parameters of corporate employees or agents entitled to attorney-client protection. The appellate court affirmed a trial court discovery order.
By P.J. D'Annunzio | August 17, 2017
A federal judge has ruled that the lead plaintiffs in a proposed class action stemming from the "kids-for-cash" scandal will be allowed to show a mediator confidential settlement agreements previously reached with other defendants as a means of aiding in determining the value of defendant Robert Powell's exposure in the case. It will then be up to the mediator to decide whether to disclose those agreements to Powell and his counsel.
By R. ROBIN MCDONALD | August 14, 2017
Attorney Stephen Reba found the memo amid a sheaf of loose papers in one of 10 banker boxes left over from the 2007 murder trial of a coastal Georgia physician: an itemized list of recommendations as to who should sit, and not sit, on Dr. Noel Chua's jury.
By newyorklawjournal | New York Law Journal | August 14, 2017
Insurer Denied Dismissal Conditioned On Plaintiff Providing Responses to Discovery
By EDITORIAL BOARD | August 11, 2017
Before this challenge, lawyers and clients have broadly used the privilege to make more things disappear than has David Copperfield, the famed illusionist.
By dailyreportonline | Daily Report | August 9, 2017
The "apex doctrine" is another of those tools first created by the defense industry to stymie discovery of evidence.
By Gabrielle Orum Hernández | August 8, 2017
The Deloitte survey shows slow growth and continued challenges for e-discovery professionals handling evidence production with multinational constraints.
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