News & Analysis as of

Discovery Prejudice

Miller Canfield

A Lil’ Too Late - U.S. Court of Appeals for the Sixth Circuit Refuses to Compel Arbitration After Company Litigates Case for 7...

Miller Canfield on

When has a party waived its contractual right to arbitrate? Until recently, most federal Courts of Appeal—including the Sixth Circuit— held that a party who participates in litigation (e.g., by serving and responding to...more

Seyfarth Shaw LLP

Court Sanctions Defendant for Failure to Preserve Text Messages in Copyright Infringement Suit Brought by Prince’s Estate

Seyfarth Shaw LLP on

This is what it sounds like, when sanctions are granted. In March 2019, a federal judge in Minnesota sanctioned Defendants for their failure to preserve text messages in a copyright infringement suit brought in part by the...more

Patterson Belknap Webb & Tyler LLP

Arbitration Not Waived in Lawsuit Pending for Two Years

Defendants in a lawsuit didn’t waive their right to arbitrate even after moving to dismiss and answering a complaint, a court held last week. Arbitration wasn’t waived because the defendants hadn’t filed affirmative defenses...more

White and Williams LLP

Rhode Island District Court Dismisses Plaintiff’s Case for Spoliation Due to Potential Unfair Prejudice to Defendant

White and Williams LLP on

In Amica Mutual Ins. Co. v. BrassCraft Mfg., Co., 2018 U.S. Dist. LEXIS 88986 (D.R.I. May 29, 2018), the United States District Court for the District of Rhode Island addressed the question of whether the defendant was so...more

Bass, Berry & Sims PLC

Chris Lazarini Examines Claims Seeking Vacatur on Grounds of Arbitrator Misconduct

Bass, Berry & Sims PLC on

Bass, Berry & Sims attorney Chris Lazarini examined a case in which the plaintiff sought to vacate an adverse arbitration award claiming the arbitration panel misbehaved and prejudiced his rights under the Federal Arbitration...more

Jackson Lewis P.C.

Lack Of Prejudice Precludes Sanctions Following Automatic Deletion Of Emails

Jackson Lewis P.C. on

Magistrate Judge Iain D. Johnston recently held that sanctions were not warranted under Fed. R. Civ. P. 37(e) against a defendant who admitted to erroneously destroying electronically stored information (ESI). While the court...more

Morris James LLP

Court Orders Document Production Without Prejudice To Later Sanctions

Morris James LLP on

Stark, C. J. Sanctions motion is considered. Defendant seeks sanctions for plaintiff’s failure to comply with a court order to produce documents....more

PilieroMazza PLLC

Proposed Changes to Federal Rules of Civil Procedure for ESI

PilieroMazza PLLC on

With the widespread use of electronic communication methods, discovery is often the most onerous, time-consuming and costly aspects of litigation. Case law has established that a party has a duty to preserve information when...more

Proskauer - New England IP Blog

Tangle Between Hair Care Companies Stayed Pending IPR

Days after the PTAB instituted Inter Partes Review (IPR), Judge Alvin Thompson in the District of Connecticut has stayed a case between Conair and Tre Milano. Conair sued Tre Milano in October 2014, for infringing U.S....more

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