Rule 26

News & Analysis as of

Changes to Federal Rules of Civil Procedure Effective December 1, 2015

Numerous amendments to the Federal Rules of Civil Procedure will come into effect on December 1, 2015. The amendments are to Rules 1, 4, 16, 26, 30, 31, 33, 34, 37, 55 and 84. These amendments will have a variety of effects...more

Court Conflicted over Rule 26 in Light of Complex ESI Retrieval (Nebraska)

ACI Worldwide Corp. v. Mastercard Tech., LLC., 2015 WL 4249760 (D. Neb. July 13, 2015) - In this intellectual property case, a discovery dispute arose over the plaintiff’s request for ESI and the risk and burden such...more

Litigation Finance on the Rise — But Questions Abound

Increasingly, lawyers are identifying a purportedly injured plaintiff, a theory of liability, and a defendant, and then turning to a hedge fund to finance the lawsuit, perhaps with the help of a litigation finance specialist....more

Court Requires the Calculation of Damages to Proportionally Resolve Discovery Dispute (California)

Corning Optical Communs. Wireless v. Solid, Inc., 2015 WL 1726749 (N.D. Cal. April 14, 2015). In this patent case, the plaintiff was required to provide damages related information as part of its Fed.R.Civ.P. 26(a)...more

Stop giving away the store! Cases decided prior to the 2000 Amendment of F. R. Civ. P 26(b) do not define scope of discovery

We observed previously that “reasonably calculated” does not define scope of discovery, and it never has. Rather, discovery is limited, by the plain terms of F. R. Civ. P. 26, to “nonprivileged matter that is relevant to any...more

Court Attempts to Strike Balance in Scope of Discovery (Minnesota)

Webb v. Ethicon Endo-Surgery, 2015 WL 317215 (D. Minn. Jan. 26, 2015). In this products liability case, both parties objected to the magistrate judge’s orders and disputed the appropriate scope of discovery. The...more

Stop Giving Away the Store: “Reasonably Calculated” does not define the scope of discovery. (And it never has!)

For over a hundred years Americans have enjoyed Josh Billing’s chestnut, “I’d rather not know so much, than to know so much that ain’t so.” For nearly seventy years, American lawyers have known one big thing that ain’t so:...more

Cut The Crap: Cooperate Under Rule 26 or Look Like a Fool

An order issued by the court in Armstrong Pump, Inc. v. Hartman, 2014 WL 6908867, No. 10-cv-446S (W.D.N.Y. Dec. 9, 2014) provides a valuable lesson to all litigants—failure to cooperate under Rule 26 is no longer just...more

District Court Sanctions Ghostwriting of Expert Reports

A district court in Michigan has strictly enforced the requirement of Rule 26 of the Federal Rules of Civil Procedure that expert witness reports be prepared by the expert witness, and not by counsel. Numatics, Inc. v....more

“Reasonable Inquiry”: Complying With Rule 26(g) In The Age Of Technology

There can be little debate that electronically stored information (“ESI”) has altered the landscape of discovery in civil litigation. The number of devices that transmit or store electronic data as well as the volume of data...more

Plaintiff Does Not Offer Proportional Production Remedy, Court Denies “Discovery on Discovery” (New York)

Freedman v. Weatherford Int’l, 2014 WL 4547039 (S.D. N.Y. Sept. 12, 2014). In this securities fraud case, the plaintiff sought the production of search efficiency reports that were part of an investigation by third...more

A Wake-Up Call To Counsel Over ESI Discovery

The recent case of Brown v. Tellermate Holdings Ltd. is noteworthy for its imposition of near-terminal evidentiary sanctions, and order directing counsel and defendant to jointly pay plaintiffs’ cost of bringing motions to...more

Court Excludes Plaintiff's Experts Where Experts Failed to Comply with Rule 26 Disclosures

In this patent infringement action, the defendants, Hangzhou Langhong Technology Co., Ltd. and Langhong Technology USA Inc., moved to exclude the testimony of plaintiff's experts on infringement and damages. The district...more

Are you Certifiable?

It is not unusual for opposing counsel to demand that you “certify” that your client’s document production is complete and correct. What does this mean? Are you required to do it? The issue often arises in...more

Proposed Changes to Civil Rules Could Limit Scope of eDiscovery

The Advisory Committee on Civil Rules recently approved amendments to the Federal Rules of Civil Procedure addressing, among other things, eDiscovery. Although some of the Advisory Committee’s proposed revisions lessen the...more

Attorney Means “Attorney” – Lessons for Subrogation Professions From Recent Federal Court Decisions Clarifying the Disclosure...

The Amendments to Rule 26 - In 2010, Federal Rule of Civil Procedure 26 was amended to provide new limitations on the discovery allowed for testifying experts in federal court cases. The most significant changes with...more

Proposed Amendments to the Federal Rules Aim to Lessen Burden of Discovery

Proposed amendments to the Federal Rules of Civil Procedure are set to take effect on December 1, 2015, with significant changes to the scope of discovery and the duty to preserve relevant evidence. The amendments are aimed...more

Court Finds that Rule 26 Disclosure and Computation of Damages Insufficient Where Party Failed to Explain How It Calculated Damage...

Orbit Irrigation Products ("Orbit") filed a patent infringement action against Sunhills International ("Sunhills"). After the completion of certain discovery, Sunhills filed a motion to compel. Sunhills contended that Orbit...more

District Court Accords Work Product Protection to Taxpayer Documents Prepared during a Transaction’s Planning Stages

The U.S. District Court for the District of Delaware recently interpreted the work product privilege in a manner favorable to taxpayers, ruling that documents can be prepared “in anticipation of litigation” even if created...more

Working with Experts: Are we off the record? (Presentation)

In this Presentation: - Summary of Key Changes in Rule 26 - FRCP 26(a)(2)- Disclosure - Rule 26(b)(4) Trial Preparation: Experts - Checklist of Suggested Practices - Excerpt from Summary of...more

Top 5 Ediscovery Case Summaries – May 2013: Indiana - Proportionality is Key Principle in Predictive Coding Case

In re Biomet, 2013 WL 1729682 (N.D. Ind. Apr. 18, 2013). In this behemoth multidistrict litigation, the defendants used key word search to cull 19.5 million documents prior to leveraging predictive coding....more

Top 5 Ediscovery Case Summaries – April 2013: New Jersey - Court Denies Motion for Protective Order, Cost-Shifting

Juster Acquisition Co., LLC v. N. Hudson Sewerage Auth., 2013 WL 541972 (D.N.J. Feb. 11, 2013). In this case, the defendant motioned for a protective order with regard to sixty-seven allegedly overboard search terms...more

Top 5 Ediscovery Case Summaries – April 2013: California - Discovery Requests Outweighing Amount in Controversy are Unduly...

Conn. Gen. Life Ins. Co. v. Scheib, 2013 WL 485846 (S.D. Cal. Feb. 6, 2013). In this discovery dispute, the defendants objected to the plaintiff’s additional requests for production of an estimated 219 gigabytes of ESI,...more

23 Results
|
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
×