• Ebersole v. Schofield

    Publication Date: 2020-05-25
    Practice Area: Discovery
    Industry: Food and Beverage | Real Estate
    Court: Courts of Common Pleas, Lackawanna County
    Judge: Judge Nealon
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 20-0423

    Defendant failed to demonstrate that plaintiff had engaged in any discovery violations. The court denied defendant's motion for sanctions, because a party was not subject to sanctions for failing to produce documents that did not exist.

  • Leo v. Geisinger Cmty. Med. Ctr

    Publication Date: 2020-05-04
    Practice Area: Discovery
    Industry: Health Care
    Court: Courts of Common Pleas, Lackawanna County
    Judge: Judge Nealon
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 20-0447

    While plaintiff was entitled to responses to discovery demands served upon defendants long before the applicable discovery deadline, she could not compel the defendant hospital to answer requests for admissions served long after the deadline had expired. The court granted defendant's motion for a protective order and granted plaintiff's motion to compel in part.

  • CLL Acad., Inc. v. Acad. House Council

    Publication Date: 2020-04-20
    Practice Area: Discovery
    Industry: Construction
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 20-0410

    The trial court erred in ordering "attorneys' eyes only" disclosure by defendant of unredacted documents subject to claims of attorney-client and work product privilege for purposes of reconsidering redactions ordered upon an in camera review. The appellate court vacated the trial court's disclosure order in part.

  • United States v. Brace

    Publication Date: 2020-04-06
    Practice Area: Discovery
    Industry: Agriculture
    Court: U.S. District Court for Pennsylvania - Western
    Judge: Justice Baxter
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 20-0370

    Plaintiff moved to exclude an expert report defendants had not revealed in discovery and court found the balance of the Pennypacker factors weighed strongly in favor of exclusion. Motion granted.

  • Pasquini v. Fairmount Behavioral Health Sys.

    Publication Date: 2020-04-06
    Practice Area: Discovery
    Industry: Health Care
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 20-0372

    Trial court correctly found that appellee's requests for admission as to defendant addiction treatment facility's knowledge of other patient's sex offender status was not privileged and did not require the disclosure of confidential health records because sex offender status was not the type of information protected by the mental health procedures act, did not require exposure of confidential communications in other patient's treatment record and sex offender status was publicly available information. Affirmed.

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  • HSI, Inc. v. 48 States Transport, LLC

    Publication Date: 2020-01-20
    Practice Area: Discovery
    Industry: Transportation
    Court: U.S. District Court for Pennsylvania - Middle
    Judge: District Judge Carlson
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 20-0033

    Plaintiff, the party resisting discovery of its tax returns in this action to recover for damaged property and related loss of income, failed to meet its burden of proving the information in the returns could be obtained from other sources and, thus, that there was no compelling need for discovery of the returns. The court granted defendant's motion to compel discovery.

  • City of Harrisburg v. Prince

    Publication Date: 2019-11-25
    Practice Area: Discovery
    Industry: State and Local Government
    Court: Supreme Court
    Judge: Justice Donohue
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-1377

    The commonwealth court erred in concluding that a donor spreadsheet was not a financial record subject to disclosure, the high court held in a decision noting that while records that would disclose the identity of individual donors are generally exempted from disclosure under the Right to Know Law, public access is statutorily required if those records can be characterized as financial records. The high court remanded for further proceedings.

  • Miller v. Cecchino

    Publication Date: 2019-11-18
    Practice Area: Discovery
    Industry:
    Court: Courts of Common Pleas, Allegheny County
    Judge: Judge Hertzberg
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-1282

    While acknowledging that the toxicology report obtained by police through a search warrant was protected under the Criminal History Record Information Act, the court took the opportunity to note that the purpose of CHRIA, i.e., to protect the privacy rights of individuals as to their criminal history information, was at odds with the purposes of the rules of discovery and evidence. The court granted a motion to quash subpoena.

  • In re: 2014 Allegheny County Investigating Grand Jury

    Publication Date: 2019-11-18
    Practice Area: Discovery
    Industry: State and Local Government | Technology Media and Telecom
    Court: Supreme Court
    Judge: Justice Dougherty
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-1349

    In this case of first impression, the high court considered whether either the common law or first amendment confers a qualified right of access to the press to inspect search warrant materials issued in connection with a grand jury investigation and found that no such right exists where the request is made while the grand jury investigation is ongoing. The high court affirmed an order denying access to such materials.

  • Noonan v. Kane

    Publication Date: 2019-11-18
    Practice Area: Discovery
    Industry: Legal Services | State and Local Government
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Bartle
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-1364

    Plaintiffs moved to compel discovery of attorney communications and work-product relating to the decision to release emails, which plaintiffs contended was done in retaliation for their criticizing state attorney general, and court found defendant had not raised an advice of counsel defense. Motion denied.