Evidence, Third-Party

Clearing the Decks While Decking the Halls

Fox Rothschild LLP on 12/29/2022

If there’s one thing readers of this blog can count on, it is that every even-numbered year ends with a gush of opinions from both appellate courts as the judges and justices strive to finish the year’s work before new...more

Chancery Allows Limited Discovery In Books And Records Action To Test Stockholder’s Purpose

Morrison & Foerster LLP on 8/4/2020

On July 24, 2020, the Court of Chancery in Delaware rejected defendant Centene Corporation’s broad document requests and third-party subpoenas issued as part of a stockholder action to inspect books and records, but allowed...more

Florida Appellate Court Limits a Nonparty’s Duty to Preserve Evidence

Robins Kaplan LLP on 6/17/2019

Florida’s Fifth District Court of Appeal has ruled that Florida law does not impose an obligation on a nonparty to preserve evidence based solely on the foreseeability of litigation. Shamrock-Shamrock, Inc. v. Remark involved...more

Nonparty Discovery in California Arbitration: How to Get What You Want

Payne & Fears on 1/10/2019

Opting for arbitration requires attorneys to balance efficiency and procedural protections. The implications of arbitration are something clients certainly have to carefully consider both when drafting arbitration provisions,...more

Florida Court of Appeals Holds Underlying Tort Case Must Resolve Before Third-Party Spoliation Action Can Be Litigated

White and Williams LLP on 11/16/2018

In Amerisure Ins. Co. v. Rodriguez, 43 Fla. L. Weekly 2225 (Fla. Dist. Ct. App., Sept. 26, 2018), the Third District Court of Appeals of Florida addressed whether a third-party spoliation claim should be litigated and tried...more

Wait, Why Am I Receiving This? Practice Pointers on Third Party Responses to Litigation Preservation Demands

Butler Snow LLP on 4/13/2018

Most commercial litigators are familiar with the process for responding to a subpoena demanding the production of documents from a non-party to litigation under Federal Rule of Civil Procedure 45. But interesting...more

California Mediation Confidentiality May Apply to Third Party “Participants” Retained to Provide Analysis

Snell & Wilmer on 10/30/2017

California Evidence Code section 1119 governs the general admissibility of oral and written communications generated during the mediation process. Section 1119(a) provides that “[n]o evidence of anything said or any admission...more

Value Paid by the Medical Lien Holder Alone Will Not Establish the Reasonable Value Medical Expenses

Haight Brown & Bonesteel LLP on 11/3/2015

In Uspenskaya v. Meline (filed October 28, 2015), the California Court of Appeal for the Third District held that evidence of payments made by a medical lien holder offered to prove the reasonable value of medical services...more

Witnesses in Arbitration – California Arbitration Act (Part I)

JAMS on 10/23/2015

Testimony and documents may be obtained in arbitration in accordance with the parties’ agreement, the applicable institutional arbitration rules and provisions of law (federal and state arbitration acts, as applicable). This...more

Socially Aware: The Social Media Law Update Volume 6, Issue 4

Morrison & Foerster LLP - Social Media on 10/15/2015

Five social media law issues to discuss with your clients - The explosive growth of social media has clients facing legal questions that didn’t even exist a few short years ago. Helping your clients navigate this...more

Finding Bad Faith in Kentucky Requires Evidence of Outrageous Conduct By Insurer

Cozen O'Connor on 2/13/2013

In its recent decision in Powell v. Cherokee Insurance Company, Case No.: 5:09-CV-00205, the U.S. District Court for the Western District of Kentucky reaffirmed that in a third-party bad faith lawsuit alleging failure to...more

Evidence › Third-Party

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