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Discovery Admissible Evidence

Planet Depos, LLC

Mobile Videoconferencing (MVC): 10 Tech Tips for a Better Experience (Updated)

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Remote depositions and hearings through a videoconferencing platform, such as Zoom or WebEx, have been happening for some time. Do you have one coming up?...more

Nossaman LLP

California’s New Apology Law and Its Impact on Peer Review Hearings

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Parties in peer review hearings can present a wide range of relevant evidence, regardless of its admissibility in a court of law.  But California has passed a new “apology law” that modifies that standard, erecting a...more

Goldberg Segalla

Court Grants Plaintiff’s Motion to Compel Discovery from Turbine Manufacturer at Various Power Stations

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Superior Court of Rhode Island, Providence, July 22, 2022 - In this asbestos-related lawsuit, the plaintiffs allege that the decedent, Ann Stadtler, developed mesothelioma and died due to take-home exposure to asbestos...more

Planet Depos, LLC

Remote Depositions Remain a Popular Option After Covid

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In-person depositions are on the rise again, but remote depositions are here to stay. Even though remote depositions are no longer the only option, they remain a very convenient and increasingly efficient option. As a Planet...more

J.S. Held

Proper Collection, Handling, Storage & Disposal of Physical Evidence

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Whether a property damage loss involves vehicle impact, structural collapse, construction defect, equipment failure, fire or explosion, hail, lightning, storm, animal activity, or water, at some point the expert may need to...more

Esquire Deposition Solutions, LLC

Discovery Depositions and Hearsay Evidence

The California Supreme Court recently issued an important ruling on the use of civil discovery depositions in lieu of trial testimony. The court’s opinion in Berroteran v. Los Angeles County Superior Court, No. S259522...more

Dorsey & Whitney LLP

“All the Way Up” to the Second Circuit

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Fly Havana and Fat Joe are heading “All the Way Up” to the Second Circuit for “Another Round.” Earlier this month Fly Havana appealed New York District Court Judge Naomi Reice Buchwald’s conclusion that Fly Havana had...more

Latham & Watkins LLP

Watch What You Write: Communications on Personal Devices Could Be Disclosable in Litigation

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The location of the data is not sufficient to avoid a disclosure order. When it comes to personal devices, people increasingly communicate across multiple platforms, often in an informal and unguarded manner. ...more

Planet Depos, LLC

Recording Remote Depositions: What is Admissible?

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The assumption that videoconference depositions automatically include video is not uncommon. The videoconference software does allow for recording, it is true, but this recording is not automatic. Someone will need to push...more

Miles Mediation & Arbitration

10 Tips for Supporting—or Refuting—Medical Records during Mediation

When mediating personal injury cases, I often notice attorneys falling into the same traps time and again—especially when it comes to how they use medical records to support their cases or develop their defenses. To help you...more

Downs Rachlin Martin PLLC

Admission of Social Media Evidence at Trial: Vermont Supreme Court Weighs In

Vermont Supreme Court offers guidance on admissibility of social media content - By now it is not particularly controversial that a litigant’s social media content is discoverable.  See, e.g., Lewis v. Bellows Falls...more

Carlton Fields

SDNY Grants 28 U.S.C. § 1782 Application for Discovery in Dispute Involving Republic of Lithuania

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The applicant sought to require documents and deposition testimony from an individual located in, and a corporation headquartered in, New York for use in an international arbitration initiated against the Republic of...more

Reveal

Quick Recap of LegalTech NY 2020

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That’s a wrap on another LegalTech NY, and while everyone is packing up, saying goodbyes, and getting ready to travel, here’s a quick recap of this year’s 2020 conference: Smaller but More Focused: Smaller but More...more

Winstead PC

The Texas Legislature Has Limited Discovery Of A Defendant’s Net Worth For Exemplary Damage Claims

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Plaintiffs in civil litigation often seek punitive or exemplary damages. “Exemplary damages” means any damages awarded as a penalty or by way of punishment but not for compensatory purposes....more

Akerman LLP - Health Law Rx

You Can't Always Get What You Want

The Florida Fifth District Court of Appeal harmonized the interpretation of state statutory and constitutional language in the first post Amendment 7 case dealing with access to adverse medical incident reports and their use...more

Bennett Jones LLP

Confidential Arbitrations Are Not Always Confidential

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In its recent decision, Flock Estate v Flock, 2019 ABCA 194, the Alberta Court of Appeal considered the extent to which evidence and submissions proffered in an arbitration might be admissible in a related court proceeding....more

Hanzo

Ediscovery Investigations: Finding the Needle in the Haystack—and Then Using it

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Ready, set, GO! When litigation is threatened, a critical time period begins. You may only have a matter of days to investigate your opponent or your dispute on social media before savvy parties or witnesses change their...more

Haight Brown & Bonesteel LLP

Reasonableness of Denial of Requests for Admission Based Upon Expert’s Opinions Depends On Factors Within Party’s Understanding

In Orange County Water District v. The Arnold Engineering Company (D070763), the Fourth Appellate District examined the criteria for evaluating the reasonableness of a parties’ denial of requests for admission (RFA’s) based...more

Farrell Fritz, P.C.

Hearsay Issues In Surrogate’s Court Hearings And Trials (Presentation)

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Presented by John R. Morken, Esq. to the Surrogate’s Association of the State of New York, May 2018. Introduction - A great deal of the evidence offered at a trial or hearing in the Surrogate’s Court is hearsay, or at...more

White and Williams LLP

Social Media in Litigation: The Increasing Impact and Evolving Standards for Discoverability and Admissibility

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The explosion and influence of social media over the past decade cannot be overstated. As social media becomes more enmeshed in the fabric of our society, it has also become more prevalent as a potential source of evidence in...more

Troutman Pepper

Pa. Courts Provide New Guidance on Social Media in Litigation

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Two recent decisions in Pennsylvania have contributed to the ever-growing body of law covering social media in litigation, providing new guidance to litigants and attorneys on the discoverability, admissibility and relevance...more

Michigan Auto Law

Protecting a Facebook personal page from insurer intrusion

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Steps Michigan car accident lawyers can take to stop insurance company ‘fishing expeditions’ into the Facebook personal page of clients to harass and intimidate; don’t let your client be made a victim twice - Car accident...more

Ward and Smith, P.A.

Not So Fast: Limits of "Settlement Negotiation" Protections

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Think Twice Before Assuming Your "Settlement Negotiations" May Not Be Used Against You - Most people who are involved in resolving disputes or negotiating deals for their businesses have seen documents labeled...more

Foley & Lardner LLP

“You Can’t Beat Something with Nothing”: 7th Cir. Explains the Importance of Disclosing Experts

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Some cases present issues that are difficult for the parties to litigate or for the courts to decide. But those cases tend to be the exception. Much of litigation—at least when practiced successfully—requires the mastery of a...more

Proskauer - Minding Your Business

Social Media eDiscovery: Filter Needed

A ski trip with your fiancé results in a great photo of the two of you on a ski covered mountain; obviously, the picture is destined for your Facebook page. This picture may be used for more than to show off your good time...more

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