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Publication Date: 2021-08-23
Practice Area: Discovery
Industry:
Court: Courts of Common Pleas, Philadelphia County
Judge: Judge Fletman
Attorneys: For plaintiff:
for defendant:
Case Number: 21-0864
The court denied plaintiff's motion to exclude certain private conversations he had with his ex-wife, who allegedly recorded the conversations without plaintiff's knowledge or permission, as the information sought appeared reasonably calculated to lead to the discovery of admissible evidence. The court recommended affirmance.
Publication Date: 2021-08-16
Practice Area: Discovery
Industry: Legal Services | Real Estate
Court: Superior Court
Judge: Judge Stabile
Attorneys: For plaintiff:
for defendant:
Case Number: 21-0937
Where defendants raised the affirmative defenses of reliance on advice of counsel and counsel's good faith reliance on applicable law, they opened the door to waiver of the attorney-client and work product privileges; however, the trial court erred in finding a blanket privilege waiver and in assuming waiver of attorney-client privilege would also waive attorney work product protection. The superior court vacated and remanded.
Publication Date: 2021-08-09
Practice Area: Discovery
Industry: Legal Services
Court: Superior Court
Judge: Judge King
Attorneys: For plaintiff:
for defendant:
Case Number: 21-0899
Appellant trust appealed order denying the motion for a protective order and directing appellee Cozen to produce certain documents during discovery and court found trial court did not err in applying the self-defense exception in profession conduct rule 1.6(c)(4) in this case but did err in declining to find that the parties had not waived privileges for other confidential communications relating to the same subject matter. Affirmed in part and reversed in part.
Publication Date: 2021-07-26
Practice Area: Discovery
Industry: Real Estate
Court: Courts of Common Pleas, Lehigh County
Judge: Judge Johnson
Attorneys: For plaintiff:
for defendant:
Case Number: 21-0721
The moving defendants failed to produce evidence to support a finding of good cause for a protective or confidentiality order or evidence to suggest that prejudice would result from the production of the documents sought in discovery. The court denied the moving defendants' request for a protective order.
Publication Date: 2021-07-19
Practice Area: Discovery
Industry: Health Care
Court: Courts of Common Pleas, Chester County
Judge: Judge Tunnell
Attorneys: For plaintiff:
for defendant:
Case Number: 21-0688
While not in the same form as plaintiff had anticipated, the audit trail defendant produced regarding her medical records reflected what the court understood to be the information plaintiff sought and was substantially similar to the audit trail she believed she should have received. The court denied plaintiff's motion to compel.
Law Journal Press | Digital Book
Authors: Patrick S. Montoya, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez
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Publication Date: 2021-07-05
Practice Area: Discovery
Industry: State and Local Government | Technology Media and Telecom
Court: Commonwealth Court
Judge: Judge Jubelirer
Attorneys: For plaintiff:
for defendant:
Case Number: 21-0755
The trial court properly reversed two determinations of the Office of Open Records where the Allegheny County District Attorney's Office demonstrated that the release of certain law enforcement surveillance camera network system information would pose a security risk and, thus, should be excluded under the public safety and infrastructure security exceptions to the Right-to-Know Law. The commonwealth court affirmed.
Publication Date: 2021-06-28
Practice Area: Discovery
Industry: State and Local Government
Court: Courts of Common Pleas, Montgomery County
Judge: Judge Saltz
Attorneys: For plaintiff:
for defendant:
Case Number: 21-0616
A school district's failure to institute a timely and thorough litigation hold resulted in the spoliation of evidence, so the court imposed a sanction of a permissive adverse inference at trial.
Publication Date: 2021-05-31
Practice Area: Discovery
Industry:
Court: Courts of Common Pleas, Philadelphia County
Judge: Judge Fletman
Attorneys: For plaintiff:
for defendant:
Case Number: 21-0505
A party waived any right to an attorney-client privilege with respect to a narrative, because she voluntarily revealed it to third parties. The court granted a motion compelling her to produce all versions of the narrative.
Publication Date: 2021-04-19
Practice Area: Discovery
Industry:
Court: Supreme Court
Judge: Justice Wecht
Attorneys: For plaintiff:
for defendant:
Case Number: 21-0422
The high court split on whether the attorney-client privilege and work product doctrine protect communications between a trustee and counsel from discovery by beneficiaries when the communications arose in the context of adversarial proceedings between those parties, but found that disclosure would nevertheless result from the competing positions set forth by a majority of justices. The high court affirmed the lower court's alternative ruling.
Publication Date: 2021-03-01
Practice Area: Discovery
Industry: Consulting | Manufacturing | Pharmaceuticals
Court: Superior Court
Judge: Judge Lazarus
Attorneys: For plaintiff:
for defendant:
Case Number: 21-0226
Trial court properly found defendants' consulting firm report, prepared after employee died in an industrial accident, was discoverable because consulting firm was not hired, and their report was not prepared, in anticipation of litigation. Affirmed.
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