Motion to Compel Affirmative Defenses

News & Analysis as of

Court Holds Rule 26(b)(1) Cannot be Used for Unpled Claims or Defenses (New York)

Lifeguard Licensing Corp. v. Kozak, 2016 U.S. Dist. LEXIS 68724 (S.D.N.Y. May 23, 2016) - In this intellectual property case, the defendants motioned the court to compel production of various discovery. The plaintiffs...more

SAE Power Inc. v. Avaya Inc.

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

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

Eighth District Rules that Facts Supporting Affirmative Defenses are Discoverable as Long as Parties ask for "Letters, Memorandum,...

Eighth District Rules that Facts Supporting Affirmative Defenses are Discoverable as Long as Parties ask for "Letters, Memorandum, and Other Documents" Party A sues Party B alleging wrongful termination, pay...more

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