The Fifth Circuit addressed the question of whether a subcontract between the parties requires arbitration, a question that turned on the interpretation of the term “contract documents” in the subcontract. TRC Environmental...more
Defendants filed a motion to compel Adaptix to re-produce documents that Adaptix had clawed back on the grounds of privilege. Adaptix had early produced the documents in several productions. The Defendants argued in the...more
Defendant Samsung Electronics Co. ("Samsung") filed a motion to compel plaintiff Cascades Computer Innovation, LLC ("Cascades") to produce additional documents and to require its trial counsel to appear for a deposition....more
Apple filed a motion to compel discovery from Farstone Technology, Inc. ("Farstone") by way of a Joint Stipulation as required by the court's local rules. After the court reviewed the joint stipulation, it found that there...more
A New York district court denied defendant Gogo LLC and Gogo Inc. (collectively “Gogo”) motions to transfer venue, compel arbitration, and dismiss for lack of standing in a lawsuit relating to internet...more
Younes v. 7-Eleven, Inc., 2015 WL 126313 (D.N.J. Mar. 18, 2015).
In this franchise dispute, the plaintiffs sought the metadata from two spreadsheets and 38 documents, arguing they needed the requested metadata because...more
To date, the PTAB has sparingly used its power to issue subpoenas in inter partes review proceedings. In two recent cases, Marvell Semiconductor, Inc. v. Intellectual Ventures I LLC, (IPR2014-00553) and LG Chem, Ltd. v....more
Lunkenheimer Co. v. Tyco Flow Control Pacific Party Ltd., 2015 WL 631045 (S.D. Ohio Feb. 12, 2015).
In this international civil case, an intervenor/counter-defendant sought to compel compliance with a discovery order for...more
The second case is 112359 Factor Fund, LLC and Five Nine Group, LLC v. Flux Carbon Starter Fund, LLC, Mary Carroll, Kevin Kreisler, and James L. Sonageri, C.A. No. 9568–VCL, Telephonic Oral Argument on Plaintiffs’ Motion to...more
On March 23, the Federal Reserve and the Office of the Comptroller of the Currency – both non-parties in the suit – filed briefs requesting that a district court reject a motion to compel discovery of over 30,000 documents...more
There have been several recent Delaware court decisions and much commentary regarding the enforceability of bylaw provisions that establish rules governing stockholder litigation, including fee-shifting provisions and forum...more
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
Johnson v. Allstate Property and Cas. Ins. Co., 2014 WL 7377198 (W.D. Wash. Dec. 29, 2014).
In this insurance case, the plaintiffs made a motion to compel the search of 34 employee computers under the control of the...more
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
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
The Eleventh Circuit affirmed a Florida district court’s denial of Cashcall’s motion to compel arbitration, as the forum selected in the parties’ loan agreement was not available. Appellee Abraham Inetianbor initially...more
In Cruise v. Kroger Co., the Court of Appeal held a clear arbitration clause in an employment application, standing alone, was sufficient to establish the existence of an agreement between the employee and employer to...more
The Fifth Circuit Court of Appeals has dismissed, for lack of appellate jurisdiction, a district court order granting a motion to compel arbitration filed by Certain Underwriters of Lloyds of London and several other...more
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
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
In Mechel Bluestone v. James C. Justice Cos., C.A. No. 9218-VCL (Del. Ch. Dec. 12, 2014), the Delaware Court of Chancery decided a motion to compel the production of documents and a request for sanctions related to...more
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
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
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
In a case of first impression in California, Edwards Wildman Palmer LLP v. Superior Court (No. B255182 - filed November 25, 2014), Division Three of the Second District Court of Appeal addressed the question of whether the...more
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