Congress designed federal multidistrict litigation (“MDL”) to “promote the just and efficient conduct” of civil actions pending in different districts. By just about any measure, though, the litigation device has failed to...more
In our digital world, one might think that the production format of electronically stored information, or ESI, in civil litigation is no longer controversial, but recent court decisions make it clear that is not the...more
As the volume of electronically stored information, or ESI, subject to discovery has exploded, allegations of spoliation have multiplied. Before the 2015 amendments to the Federal Rules of Civil Procedure, courts relied on...more
12/2/2019
/ Best Practices ,
Bodily Injury ,
Carnival Cruise Lines ,
Discovery ,
Document Productions ,
e-Discovery ,
Electronically Stored Information ,
Evidence ,
Federal Rules of Civil Procedure ,
FRCP 37(e) ,
Inherent Authority ,
Litigation Fees & Costs ,
Litigation Strategies ,
Medical Examinations ,
Motion for Sanctions ,
Negligence ,
Record Preservation ,
Spoliation
The rules governing how litigants conduct written discovery changed substantially on December 1, 2015, when major amendments to the Federal Rules of Civil Procedure took effect....more
A recent case offers a cautionary tale of how courts may cite to the requirements of amended Federal Rule of Civil Procedure 37(e), which governs imposing sanctions for failure to preserve electronically stored information...more
Plaintiffs should not be permitted to insist on an extensive discovery wish list but rather must make some showing that their requests are proportional to the needs of the case.
A district court in California recently...more
The principles provide a useful framework for the application of proportionality to preservation, as well as practical guidance for negotiating the scope of discovery.
The Sedona Conference — a research and educational...more
The amended rules aid in controlling the scope of discovery and managing its risks.
Two months have passed since the effective date of the 2015 amendments to the Federal Rules of Civil Procedure, which are applicable to...more