Motion to Compel

News & Analysis as of

Compelling Testimony

In GEA Process Engineering, Inc. v. Steuben Foods, Inc., (IPR2014-00041), Paper 22 (IPR2014-00043), Paper 23, (IPR2014-00051), Paper 21 (IPR2014-00054), Paper 18 (IPR2014-00055), Paper 14 (April 15, 2014), the patent owner...more

Arbitration Clauses Survive Their Contracts 99% Of The Time

The Sixth Circuit recently answered a question I get asked regularly: does an arbitration clause survive the termination of the contract containing it? I usually say yes, and thankfully the Sixth Circuit backed me up....more

Court Affirms Parties’ Waiver Of Right To Compel Arbitration

A federal court of appeals has affirmed a district court’s decision that parties to a pending lawsuit waived their right to compel arbitration by waiting 11 months after that lawsuit was filed to invoke their right. Instead...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

SAE Power Inc. v. Avaya Inc.

Opinion and Order Affirming Denial of Avaya's Motion to Compel Arbitration

Defendant Avaya Inc. appealed an order by the NJ Superior Court denying its motion to compel arbitration in a case we filed on behalf of our Client SAE. We argued that Avaya waived its right to arbitration because it (1)...more

NCUA Can Bring RMBS Claims Against Goldman Sachs in Federal Court

On January 28, Judge Denise Cote of the U.S. District Court for the Southern District of New York denied Goldman Sachs’s motion to compel arbitration for RMBS claims brought by the National Credit Union Administration (NCUA)....more

Defendant Does Not Deliver Correct Format, Must Produce ESI with Metadata (Louisiana)

RPM Pizza, LLC v. Argonaut Great Central Ins. Co., 2013 WL 6054551 (M.D. La. Nov. 15, 2013). In this insurance claim case, an intervening plaintiff objected to the defendant’s production. The defendant produced ESI in...more

Another Win for FLSA Class Action Waiver

In Porreca v. Rose Group, No. 13-1674 (E.D. Penn. Dec. 11, 2013), an employee attempted to bring class claims for violations of the wage and hour provisions of the FLSA against its restaurant employer in federal court. The...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

Additional Price of a Judicial Reaction: Waiver of One's Contractual Right to Arbitration

In Volpe v. Interpublic Group of Companies, Inc., No. 652308/2012, Judge Eileen Bransten denied plaintiff Ray Volpe’s (“Volpe”) motion to compel arbitration and granted defendant The Interpublic Group of Companies, Inc.’s...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

Diligence Firm Objects To RMBS Working Group Subpoena

On September 24, a firm that handles due-diligence matters for financial institutions filed its opposition to a motion filed by the U.S. Attorney’s Office for the District of Connecticut, on behalf of the federal-state RMBS...more

Alabama District Court Holds System Is ATDS If Has Present Capacity To Store Or Produce And Call Numbers At Time Of Call Even If...

Hunt v. 21st Mortgage Corp., No. 2:12-cv-2697-WMA, 2013 WL 5230061 (N.D. Ala. Sept. 17, 2013) - Pending before the court was a Motion to Compel Discovery during which the issue of what constitutes an Automatic...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

Top 5 Ediscovery Case Summaries – September 2013: Michigan - Data Deletion May Be Sanctioned – but Only When Litigation Is...

Barrette Outdoor Living, Inc. v. Michigan Resin Representatives, 2013 WL 3983230 (E.D. Mich., Aug 1, 2013) In this employment law case, the defendants were sanctioned $35,000 for the spoliation of over 270,000 files. The...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

Reinsurance Newsletter - September 2013

RECENT CASE SUMMARIES - GOOD NEWS FOR ARBITRATORS FROM THE SUPREME COURT? Oxford Health Plans LLC v. Sutter, 133 S. Ct. 2064 (2013). In a non-reinsurance case, the United States Supreme Court recently...more

Employer’s Right to Compel Arbitration, Even Where Demand Is Delayed, Affirmed By Ninth Circuit

In Richards v. Ernst & Young, The Ninth Circuit reversed the District Court’s denial of defendant’s motion to compel arbitration of state wage and hour claims asserted by a former employee. The District Court had...more

Right To Compel Arbitration Agreement Not Waived If Plaintiff Suffered No Prejudice From Delay

In a post last week, we noted a recent trend of federal courts strongly enforcing employment arbitration agreements under the Federal Arbitration Act (“FAA”)....more

Sixth Circuit Affirms Decision to Enforce Arbitration Provision in Retiree Benefit Dispute

The US Court of Appeals for the Sixth Circuit recently affirmed a district court’s decision to grant defendant-appellee TRW Vehicle Safety Systems, Inc.’s (TRW) motion to compel arbitration, finding that TRW retirees were...more

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