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The Legal Intelligencer

Federal Judge Hits US With $227,000 Sanction for Discovery Misconduct

“The court previously declined to impose monetary sanctions for the United States’ discovery misconduct throughout this litigation, which has involved inconsistencies, late disclosures, and the spoliation of evidence, although such conduct is unacceptable,” the judge held in an earlier ruling.
3 minute read

Daily Business Review

Investigation of a Negligent Security Case Post-HB 837

Completing a thorough investigation early on provides a strategic advantage, and the ability to push a case forward that will undoubtedly be beneficial to your client and your case. This means that relying on investigative means outside of traditional discovery is not an option, it is a necessity.
6 minute read

The Legal Intelligencer

The Challenge of Reasonableness in Discovery

Can both plaintiffs and defendants—opposing parties in an adversarial system—ascribe the same meaning to "reasonableness" to cooperate in discovery? Is it reasonable to believe that adversarial parties are likely to reach an agreement as to what is "reasonable" in discovery? The Federal Rules of Civil Procedure answer with a resounding "yes."
7 minute read

Texas Lawyer

'Assume the Stance': Pro Tips for Effective Deposing

"Teaching the basics (like how to wax a car, sand a floor, paint the fence) applies as well to learning the foundational techniques of effective deposing," writes columnist Michael P. Maslanka.
6 minute read

The Legal Intelligencer

Phila. Attorney Hit With Ogletree Deakins' $32K Bill for Failing to Comply With Court Orders

"From the get-go, the plaintiff's attorney, Seth Carson, has treated as optional the court's orders, the Federal Rules of Civil Procedure, his opponent's requests and his own professional obligations. And he has declined to exercise the option," U.S. District Judge Gerald J. Pappert wrote, ordering that the plaintiff's attorney pay more than $32,000 in fees.
4 minute read

The Legal Intelligencer

Judge Shuts Down Efforts to Expand Scope of Discovery in Ozempic MDL

Judge Karen Marston held that, despite plaintiffs' arguments to the contrary, marketing discovery is not relevant to the broad legal issues the court has prioritized for early resolution.
3 minute read

National Law Journal

Dad Bias Suit Against Jones Day Will Head to Trial Next November

Two married former associates and the firm agreed on the necessity of involving Steptoe—where one of the lawyers now works—in damages discovery.
4 minute read

Law.com

Judge Sides With McDonald's In Attorney-Client Privilege Dispute With Former Executives

"McDonald's has successfully asserted a privilege 'shield' to prevent disclosure of actions we believe were unlawful, but the case continues, and we look forward to trial," said the plaintiffs' attorney, Jonathan I. Loevy of Loevy & Loevy in Chicago, following attempts to gain access to outside counsel's investigation.
4 minute read

New York Law Journal

Communications With Non-Retained Experts May Be Subject to Disclosure

"Lehrburger explained that unlike retained experts, non-retained treating physicians 'wear a cloak of independence and lack of bias,'" write Edward M. Spiro and Christopher B. Harwood.
8 minute read

The Legal Intelligencer

Federal Judge Rejects Lyft's 'Competitive Harm' Claims in Attempt to Seal Safety Procedures, Storage Information

The court determined there was no good cause to seal documents relating to how long Lyft stored the audio recording of calls between its safety team and riders, or information relating to its internal operations when responding to user safety reports.
4 minute read

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