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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
In Jetport v. Jones Brown [2013 ONSC 2740 (S.C.J.)], Master Graham attempted to resolve some uncertainty as to whether a party that has set an action down for trial or has consented to an action being placed on a trial list...more
Gordon v. Kaleida Health, 2013 WL 2250579 (W.D.N.Y. May 21, 2013).
In this action brought under the Fair Labor Standards Act, the plaintiffs motioned for a court order requiring the parties to meet and confer on the...more
When plaintiff receives a demand for a physical examination he or she have 20 days after the service of the demand to serve their response. More likely than not, plaintiff counsel is going to allow the plaintiff to submit to...more
Munoz v. PHH Corp., No. 1:08-cv-0759-AWI-BAM, 2013 WL 684388 (E.D. Cal. Feb. 22, 2013) and Munoz v. PHH Corp., No. 1:08-cv-0759-AWI-BAM, 2013 WL 1278509 (E.D. Cal. Mar. 26, 2013).
In two separate rulings, a California...more
On May 23, the U.S. District Court for the Southern District of New York denied the OCC’s motion for reconsideration of an April 2013 order in which the court compelled a bank and the OCC to produce various investigative...more
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