We've been sued! Now what? A guide to handling business litigation by Manning Fulton & Skinner, P.A. on 5/18/2012 By William S. Cherry, III A 2010 litigation trends survey warns, “Companies Expect More Litigation.” Federal statistics indicate that the number of employees suing employers rose 35% from 2007 to 2011. A study conducted...more
Updates by Dechert LLP on 3/26/2012 Here are a few updates to some of our previous posts. First, we posted about In re Aspartame Antitrust Litigation, ___ F. Supp.2d ___, 2011 WL 4793239 (E.D. Pa. Oct. 5, 2011), as we considered the case a promising...more
The Document From Hell--AKA The "Privilege Log" by Katherine Gallo, Esq. on 1/31/2012 In responding to Requests for Production of documents you have three response choices (1) agree to produce (C.C.P. §2031.220); (2) state that after a diligent search and a reasonable inquiry you have no documents (C.C.P....more
Quoting Shakespeare by Katherine Gallo, Esq. on 1/13/2012 Last spring I had the pleasure of taking a tour of the Royal Globe Theatre in London, England. On display there was a plaque titled "Quoting Shakespeare." It brought a smile to my face when I read the passage as I realized...more
INSPECTION DEMANDS-What is a Reasonable Inquiry? by Katherine Gallo, Esq. on 12/13/2011 To determine whether or not a responding party has made a reasonable inquiry, you must determine where the responding party searched (what efforts were made), who did they talk to (did they make an inquiry to their legal...more
INSPECTION DEMANDS--What is a "Diligent Search"? by Katherine Gallo, Esq. on 11/8/2011 Have you ever received a response to requests for production of documents that says: After a diligent search and a reasonable inquiry has been made in an effort to comply with this Request, there are no documents within...more
Interesting E-Discovery Developments by Dechert LLP on 10/13/2011 The program at a Product Liability Advisory Council, Inc. (“PLAC”) meeting are always interesting, and the one just before Columbus Day was no exception. It focused on social media and e-discovery. Here are some...more
eDiscovery Brings Civil Litigation Online by DepoTexas on 9/20/2011 Lawyers across the country are saving trees and their sanity with new eDiscovery solutions....more
Subrogation Alert: Electric Insurance Co. v. Electrolux North America, Inc. Order Compelling Electrolux to Produce ALL Dryer Fire Claims by Michael Durr on 8/22/2011 Electrolux ordered to produce all prior non-privileged dryer fire claims information....more
Make 'Em Pay by Dechert LLP on 8/3/2011 We've complained before about the horrendous - and more than that, almost entirely one-sided - expense of ediscovery in prescription medical product liability litigation. It just seems to be getting worse. It's almost...more
GIve Me All Your Documents! by Katherine Gallo, Esq. on 7/26/2011 I recently reviewed a case management order in a complex construction case venued in Southern California. The order required all parties to produce: Any and all relevant non-privileged and non-protected documents...more
Requests for Admissions--THE MOTIONS by Katherine Gallo, Esq. on 4/7/2011 There are three motions that you can bring--(1) Motion to Compel,(2) Motion to Compel Further Responses, and (3) Motion to Have Admissions Deemed Admitted. All of them have their place in your discovery plan but two of...more
Answering Requests for Admissions--Beware of the Traps by Katherine Gallo, Esq. on 3/9/2011 Answering Requests for Admissions is very similar to answering interrogatories-you have an obligation to respond in good faith and you have to be careful about your garbage objections. However, the code makes it clear that...more
How to Write Requests for Admissions by Katherine Gallo, Esq. on 2/15/2011 Requests for admissions may be used to (1) establish the truth of specified facts, (2) admit a legal conclusion, (3) determine a party’s opinion relating to a fact, (4) settle a matter in controversy, and (5) admit the...more
Why Aren't You Using Requests For Admissions by Katherine Gallo, Esq. on 2/1/2011 If you are like most lawyers, you are using the typical discovery devices to gather up all your information--form interrogatories, special interrogatories, requests for production of documents, and of course the deposition...more