News & Analysis as of

Privacy Settings Won’t Keep Social Media Posts Out Of Court

On Jan. 7, 2015, in Nucci v. Target Corp., et al, the District Court of Appeal of the State of Florida, Fourth District, upheld a lower court’s order compelling plaintiff Maria Nucci to produce photographs originally posted...more

Looking Back on 2014: The 7 Most Important eDiscovery Cases in Delaware – Part 1

The Court of Chancery continued to focus on eDiscovery throughout 2014. During the next few weeks we will be recapping 7 cases that covered various topics including preservation, designation of confidential material and the...more

Plaintiffs Not Obligated to Produce Data Maintained by Ediscovery Vendor (Illinois)

Alban v. Bank of Am. Corp., 2014 WL 6704293 (N.D. Ill. Nov. 24, 2014). In this breach of contract case, the defendants sought a motion to compel and sanctions against the plaintiffs for failing to produce data...more

Florida Court: Facebook Users Have Only "Minimal" Privacy for Posted Photos - "Private" Facebook and Other Social Media Pages Are...

A Florida appellate court has ordered a plaintiff to produce photographs from her "private" Facebook page in an important decision holding that Facebook users' privacy interests in the content they post – regardless of the...more

Court Chastises Both Parties for Contentious and Unprofessional Behavior and Warns That Further "Offending Conduct" Will Lead to a...

After a discovery dispute erupted in this patent infringement action, the court held a telephonic hearing on defendants' motion to compel discovery and for sanctions and plaintiff's cross-motion for a protective order....more

Judge Hellerstein rules on a series of motions related to infringement contentions, motions to compel documents and responses to...

Intellectual Ventures II LLC v. JP Morgan Chase & Co., et al. Case Number: 1:13-cv-03777-AKH - Judge Hellerstein resolved a number of discovery-related motions. First he found that defendants’ motion to strike...more

Court Denies the Use of a Software Agreement as a Shield from Discovery (Tennessee)

Pero v. Norfolk S. Ry., Co., 2014 WL 6772619 (E.D. Tenn. Dec. 1, 2014). In this employment law case, the plaintiff filed a motion to compel the production of a video that the plaintiff claimed demonstrated the setting...more

PTAB Expands Discovery for Inter Partes Review

GEA Process Engineering, Inc. v. Steuben Foods, Inc. - In a decision that has the potential to expand the scope of permissible discovery in inter partes reviews (IPRs) as well as other post-grant procedures under the...more

Court Denies Motion for Proportionality, Suggests Other Methods to Save Time and Money (Nebraska)

United States v. Univ. of Nebraska at Kearney, 2014 WL 4215381 (D. Neb. Aug. 25, 2014). In this housing discrimination case, the plaintiff sought an expanded scope of discovery through a motion to compel. The plaintiff...more

Piercing The Attorney-Client Privilege: The Delaware Supreme Court Orders Wal-Mart To Turn Over Privileged Material Concerning Its...

In a recent decision, the Delaware Supreme Court applied an exception to the attorney-client privilege - known as the fiduciary exception or the Garner doctrine - and ordered Wal-Mart Stores, Inc., ("Wal-Mart") to produce...more

The Gambler Breaks Even: Tax Court Orders Indiana Department Of Revenue To Answer Discovery Requests But Denies Taxpayer’s Second...

The Tax Court does not often address discovery issues in published decisions and orders. In this case, Popovich v. Indiana Department of State Revenue, Cause No. 49T10-1010-TA-53 (April 24, 2014 and June 4, 2014), the Court...more

Motion to Compel = Motion of Last Resort

The other side is not giving you adequate discovery responses. In frustration, you may want to file a motion to compel. But stay calm and consider carefully whether doing so really makes sense and if there are better...more

After Parties Engaged in "Abusive Litigation Tactics," Court Orders Clients to Consent to the Filing of Any Further Motions to...

After the district court granted a motion to compel in which it overruled the defendants' objections and ordered the defendants to provide complete responses to the interrogatories and to produce all responsive documents, the...more

Selective Way Ins. Co. v. Schulle, Western District of Virginia

The Western District of Virginia reaffirmed the standard for production of information during discovery, as well as the importance of fair mediation, in its recent decision of Selective Way Insurance Co. v. Schulle. ...more

Is it Time To Appoint a Discovery Referee?

Last November I received the following e-mail: Since courts are so overwhelmed and setting dates for hearing is now running 6 months or longer, how does one do motions to compel further responses to interrogatories in...more

District Court Orders Production of Litigation Funding Agreement

In the patent infringement action between Cobra International, Inc. ("Cobra") and BCNY International, Inc. ("BCNY"), BCNY filed a motion to compel several documents, including a litigation funding agreement. Cobra opposed the...more

Who Doesn't Like Reading About A Ruling On A Motion To Compel?

I probably enjoy reading a ruling on a motion to compel a whole lot more than the judge does in writing it. So of course I enjoyed reading Judge Murphy's Order on a Motion to Compel yesterday in County of Catawba v. Frye...more

Top EDiscovery Case Summaries - October 2013: California: Citing Proportionality, Court Declines Motion to Compel Unnecessary...

Apple Inc. v. Samsung Elecs. Co. Ltd., 2013 WL 4426512 (N.D. Cal. Aug. 14, 2013). In this patent infringement case, the defendants sought to compel further discovery from the plaintiff. In April 2013, the plaintiff produced...more

Top EDiscovery Case Summaries - October 2013: California: Court Orders Sanctions, Threatens Order to Retain an Ediscovery Vendor...

Logtale Ltd.v. IKOR, Inc., 2013 WL 3967750 (N.D. Cal. July 31, 2013). In this misrepresentation case, the plaintiffs sought to compel the defendants to comply with a prior court order and compel production from a defendant...more

Top EDiscovery Case Summaries - October 2013: Louisiana: Absent Requisite Specificity, Court Declines “Ultra-Broad” Motion to...

NOLA Spice Designs, LLC v. Haydel Enters., Inc., 2013 WL 3974535 (E.D. La. Aug. 2, 2013). In this trademark infringement case, the plaintiff refused to disclose user names and passwords in depositions and written responses,...more

Top 5 Ediscovery Case Summaries – September 2013: Colorado - A “Practical Approach” Must Be Used to Address Discovery Scope...

DCP Midstream LP v. Anadarko Petroleum Corp., 2013 WL 3225846 (Colo. June 24, 2013). In this contract law case, the Supreme Court of Colorado remanded the case due to the trial court’s inability to “take an active role...more

Top 5 Ediscovery Case Summaries – September 2013: Colorado - Court Compels Discovery of Facebook Posts Due to Relevancy

Moore v. Miller, 2013 WL 2456114 (D. Colo. June 6, 2013). In this injury law case, the court ruled that the plaintiff’s Facebook posts and activity were discoverable and must be produced as they related directly to the...more

Top 5 Ediscovery Case Summaries – September 2013: Florida - “Mere Hope” of Relevant Information Does Not Justify Compelling...

Salvato v. Miley, 2013 WL 2712206 (M.D. Fla. June 11, 2013). In this wrongful death litigation, the plaintiff’s motion to compel discovery was quashed because he failed to show the relevancy of the requested data and...more

Reinsurance Newsletter - September 2013: Delaware Court Approves Of Discovery Order Granting And Denying In Part Motion To Compel...

Mine Safety Appliances Co. v. AIU Ins. Co., C.A. No. 10C-07-241 MMJ, 2013 Del. Super. LEXIS 229 (Del. Super. Ct. Jun. 6, 2013). A Delaware state trial court approved a Special Discovery Master’s memorandum opinion and...more

Top 5 Ediscovery Case Summaries – July 2013: New York - Minimal Court Oversight Required for Predictive Coding Protocol

Gordon v. Kaleida Health, 2013 WL 2250579 (W.D.N.Y. May 21, 2013). In this action brought under the Fair Labor Standards Act, the plaintiffs motioned for a court order requiring the parties to meet and confer on the...more

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