News & Analysis as of

Motions to Quash Subpoenas

Supreme Court: District Court EEOC Subpoena Enforcement Decisions Subject to Abuse of Discretion

by Holland & Knight LLP on

The Supreme Court of the United States issued its decision on April 3, 2017, in McLane Co., Inc. v. Equal Employment Opportunity Commission, a case which presented the question of what the appropriate standard of appellate...more

Latest on Personal Jurisdiction – Using Bauman To Quash Third-Party Subpoenas

by Reed Smith on

In updating our post-Bauman personal jurisdiction cheat sheet, we recently came across an interesting application of Daimler AG v. Bauman, 134 S.Ct. 746 (2014) – lack of general personal jurisdiction requiring that a...more

Government’s Penn State Investigation Produces Lessons for In-House Counsel

The fallout at Penn State University in the wake of the Jerry Sandusky child-sexual-abuse scandal, including the victims’ suffering, Sandusky’s criminal conviction, the firing and subsequent death of legendary Coach Joe...more

Judge Lord Grants Motion to Quash Subpoena Issued at Close of Fact Discovery

by Fish & Richardson on

On February 23, 2016, in the matter of Certain Activity Tracking Devices, Systems, and Components Thereof, ITC Inv. No. 337-TA-963, ALJ Dee Lord issued an order granting Complainants’ motion to quash respondent Fitbit’s...more

Witnesses in Arbitration – California Arbitration Act (Part I)

by JAMS on

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

Missouri Court Denies Reconsideration Of Order Quashing Subpoena Of Un-Issued Arbitration Award

by Carlton Fields on

Lincoln Memorial Insurance Company and Hannover Life Reinsurance Company of America became engaged in a long-running reinsurance dispute, arising from an allegedly fraudulent scheme by Lincoln and others in the sale of...more

Court Quashes Subpoena Seeking Unissued Arbitration Award

by Carlton Fields on

After striking the affirmative defense of failure to mitigate, a court quashed a subpoena issued to an arbitrator seeking an unissued arbitration award in a dispute between certain defendants and their reinsurer....more

Twitter, Evidence, Privacy and Social Media

by Cozen O'Connor on

A recent case, albeit one dealing with a governmental subpoena, shows that the SCA may not be the panacea that social networking sites think it is. In People v. Harris, Twitter sought to quash a subpoena it had received to...more

Does ‘Speech or Debate’ Trump the Right to Defend Oneself in Court?

by Ifrah PLLC on

On February 5, 2013, the Bipartisan Legal Advisory Group of the U.S. House of Representatives filed a brief urging the U.S. Court of Appeals for the D.C. Circuit to hold that U.S. legislators and their aides cannot be forced...more

Florida Judge Quashes Subpoena in Political Taping Case

by Holland & Knight LLP on

In a criminal case arising from the secret recording of a private conversation, Florida prosecutors issued a subpoena to compel a news reporter to testify in a case against a former aide to Lt. Gov. Jennifer Carroll. The...more

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