News & Analysis as of

Discovery Motion to Compel

Court Approves Defendant’s Proposed Random Sampling Production Plan: eDiscovery Case Law

by CloudNine on

In Duffy v. Lawrence Memorial Hospital, No. 14-2256 (D. Kansas, Mar. 31, 2017), Kansas Magistrate Judge Teresa J. James granted the Motion to Modify Discovery Order from the defendant (and counterclaimant), where it asked the...more

"Privacy & Cybersecurity Update - April 2017"

In this edition of our Privacy & Cybersecurity Update, we examine a district court ruling against Wendy's that continues a shift toward an increase in merchants' data protection responsibilities and the Article 29 Working...more

Is There A "Secret Rule" In The NC Business Court Regarding Motions To Compel?

by Brooks Pierce on

Thinking of filing a Motion to Compel in the NC Business Court? You might want to file it before the close of the discovery period, even though there is no Business Court Rule establishing a deadline for doing so....more

UPS avoids undue burden in Solo v. UPS e-discovery case

by Zapproved Inc. on

Solo v. United Parcel Serv (UPS). Co., No. 14-12719, 2017 U.S. Dist. LEXIS 3275 (E.D. Mich. Jan. 10, 2017). The court denied the full extent of the data that the plaintiff, Joe Solo, requested in its motion to compel,...more

Is Your Arbitration Agreement Enforceable?

by Snell & Wilmer on

Health care providers may favor arbitration due to the perception that it is a faster, less expensive alternative to litigation. State and federal policy favors arbitration for the same reasons.  Because of the strong public...more

Court Denies Untimely Motion to Compel Production of Text Messages: eDiscovery Case Law

by CloudNine on

In Healthwerks, Inc. et. al. v. Stryker Spine, et. al., No. 14-93 (E.D. Wisc., Mar. 6, 2017), Wisconsin District Judge Pamela Pepper denied a motion to compel production of text messages issued by the plaintiffs and third...more

Defendant Not Required to Modify Production After Plaintiff Fails to Demonstrate Prejudice: eDiscovery Case Law

by CloudNine on

In Excel Enterprises, LLC v. Winona PVD Coatings, LLC, No. 3:16-cv-19-WCL-MGG (N.D. Ind., Feb. 17, 2017), Indiana Magistrate Judge Michael G. Gotsch, Sr. ruled that despite the fact that the defendant failed to demonstrate...more

A Common Interest Agreement May Not Be Worth the Paper It’s Written On

by Wilson Elser on

It is a very common practice for counsel to co-defendants or co-plaintiffs to enter into agreements that shield their communications. The agreements are expressions of intent that the communications will be protected by the...more

Court Of Chancery Explains Discovery Objections

by Morris James LLP on

For some time now, the Court of Chancery has told litigants that objections to documents requests should be specific, not generic and boilerplate. This decision thoroughly addresses the case law on this issue, with numerous...more

California Court Compels Defendant to Re-Produce Electronically Stored Information in Format Requested by Plaintiffs

by Jackson Lewis P.C. on

A California federal trial court has granted the plaintiffs’ motion to compel re-production of electronically stored information (“ESI”) in native format with all associated metadata, while also granting plaintiffs their...more

"The E-Discovery Digest - March 2017"

The sixth edition of The E-Discovery Digest focuses on recent decisions addressing the scope and application of the attorney-client privilege and work-product doctrine, spoliation, and discovery responses. Please see...more

Court Rejects Overly Broad Request For Forensic Imaging Of Plaintiff’s Personal Computers

by Jackson Lewis P.C. on

An Illinois appellate court has vacated a trial court’s order compelling the forensic imaging of several personal computers used by plaintiff, applying a balancing test that takes into account both the proportionality rule...more

Compelled Vocational Examinations of Injured Plaintiffs are Not Permitted in California

by Selman Breitman LLP on

Defendants litigating against personal injury claims in California cannot compel injured plaintiffs to submit to a vocational rehabilitation examination—even if the plaintiff has retained his or her own vocational expert to...more

Judge Finds Defense Counsel’s Reliance upon Pre-Amendment Rule 26 in a Motion to Compel the Equivalent of Bad Faith – Resulting in...

by Farrell Fritz, P.C. on

In Fulton v. Livingston Financial LLC, 2016 WL 3976558 (W.D. Wash. July 25, 2016), U.S. District Judge James L. Robart sanctioned a defense lawyer who “inexcusabl[y]” relied on outdated case law and pre-2015 amendments to...more

Social Media eDiscovery: Filter Needed

A ski trip with your fiancé results in a great photo of the two of you on a ski covered mountain; obviously, the picture is destined for your Facebook page. This picture may be used for more than to show off your good time...more

BuzzFeed Faces $11 Million in Defamation Suit by British News Agency

by Robins Kaplan LLP on

BuzzFeed, the popular independent digital media company, was hit with an $11 million defamation suit in January 2016 by journalist Michael Leidig and Central European News (“CEN”). Leidig and CEN are demanding more than...more

Selective Enforcement Not A Viable Defense to Non-Competition Agreements Under Ohio Law

by Jackson Lewis P.C. on

Employers sometimes worry whether seeking to enforce their non-competes in some circumstances but not others might preclude enforcement altogether in the future. Not so, says one court. Applying Ohio law, the United States...more

Court Refuses To Compel Production Of Cedent’s Documents To Reinsurer When Extent Of Cedent’s Obligation To Provide Documents Is...

by Carlton Fields on

A court has denied a motion to reconsider its decision denying a reinsurer’s (Century Indemnity Co.) motion to compel an insurer (Travelers Casualty and Surety Company) to produce certain documents in a case in which...more

District Court Denies Motion to Compel Inadvertently Produced Privileged Documents

In this patent infringement action, Teva inadvertently produced documents to Sunovion. Teva subsequently attempted to claw back the documents under the parties' protective order. ...more

Court Orders Plaintiff to Produce Emails with Original Metadata: eDiscovery Case Law

by CloudNine on

In Singh et. al. v. Hancock Natural Resources Group, Inc. et. al., No. 15-1435 (E.D. Cal., Dec. 29, 2016), California Magistrate Judge Jennifer L. Thurston granted the defendants’ motion to compel (in part), ordering the...more

The Western District Declines to Compel Additional Discovery

by Farrell Fritz, P.C. on

Armstrong Pump, Inc. v. Hartman, No. 10-CV-446S, 2016 WL 7208753 (W.D.N.Y. Dec. 13, 2016) - In this case, pending before the Court was a motion by Armstrong Pump Inc. (“Armstrong”) to compel formal production of certain...more

Ohio Court Compels Plaintiffs to Respond to Interrogatories Regarding the “Contours” of the Putative Class

by Carlton Fields on

In a reversal of the usual scenario where a plaintiff seeks and a defendant resists class discovery, the Southern District of Ohio granted a defendant’s motion to compel answers to its interrogatory regarding who was included...more

Forgetting about the Other Side of the Law is Criminal: eDiscovery Case Law

by CloudNine on

In our webcast on Wednesday titled What Every Attorney Should Know About eDiscovery in 2017, we covered (as we always do) several key cases that established eDiscovery best practices and trends (and a few with litigants...more

Court Orders Plaintiff to Produce Native Format Version of Email Potentially Altered: eDiscovery Case Law

by CloudNine on

In Lifetouch National School Studios, Inc. v. Roles, No. 3:15-cv-234 (W.D. P.A., Dec. 15, 2016), Pennsylvania District Judge Kim R. Gibson granted the portion of the defendant’s motion to compel associated with the request...more

Court Grants Motion Compelling 30(B)(6) Deposition Testimony On Reinsurance From Insurance Company Following Liquidation

by Carlton Fields on

In a discovery dispute following the liquidation of Western Insurance Company (“Western”), a Utah federal district court granted a motion to compel a 30(b)(6) deposition testimony regarding Western’s reinsurance agreements....more

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