News & Analysis as of

Discovery Unduly Burdensome

Best Best & Krieger LLP

New Interpretation of Broad and Unduly Burdensome

Takeaways From Unprecedented Public Records Ruling in Getz v. County of El Dorado - The Third District Court of Appeal recently ruled in favor of a requester who was seeking public records from the County of El Dorado,...more

Kilpatrick

PROPORTIONALITY: Tipping the Scale

Kilpatrick on

Federal Rule of Civil Procedure 1 mandates a “just, speedy, and inexpensive resolution of civil disputes.” In a perfect litigation world, parties would operate in good faith, draft reasonable discovery requests, answer...more

Winstead PC

Fiduciary Litigation Practice Tip: Streamlining Discovery To Threshold Legal Issues

Winstead PC on

Litigation can unfortunately be a costly endeavor. This is as true with fiduciary litigation as with any other type of litigation. ...more

Fish & Richardson

Best Practices for Proving Proportionality in Motions to Compel

Fish & Richardson on

This month marks two years since the major amendment of Federal Rule of Civil Procedure 26(b)(1) went into effect. This Rule, governing the scope of discovery, now states: Parties may obtain discovery regarding any...more

Foley & Lardner LLP

California Supreme Court Confirms that PAGA Plaintiffs Are Entitled to Broad Discovery of Other Employees’ Contact Information

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California’s Private Attorneys General Act (PAGA) allows aggrieved employees to recover civil penalties on behalf of themselves, other employees, and the State of California for Labor Code violations. On July 13, 2017, the...more

Kilpatrick

California Supreme Court endorses “fishing expedition” discovery under PAGA

Kilpatrick on

In its recent decision concerning the proper scope of discovery under California’s Labor Code Private Attorneys General Act of 2004 – known as “PAGA” – the California Supreme Court authorized discovery just as broad as that...more

Orrick - Employment Law and Litigation

California Supreme Court Expands PAGA Plaintiffs’ Access to Statewide Discovery of Employee Contact Information

On July 13, 2017, the California Supreme Court greatly expanded the scope of discovery available under California’s Labor Code Private Attorneys General Act of 2004 (“PAGA”). In Williams v. Superior Court (Marshalls of CA,...more

Fisher Phillips

Employers Litigating PAGA Actions Take Hit From California Supreme Court

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In a unanimous decision, the California Supreme Court ruled today that plaintiffs in lawsuits brought pursuant to the California Private Attorneys General Act (PAGA), can seek the contact information for their fellow...more

Skadden, Arps, Slate, Meagher & Flom LLP

The E-Discovery Digest - June 2017

The seventh edition of The E-Discovery Digest focuses on recent decisions addressing the scope and application of the attorney-client privilege and work-product doctrine, spoliation, and discovery responses....more

Fisher Phillips

Supreme Court Limits EEOC Subpoena Power

Fisher Phillips on

In a 7 to 1 decision, the U.S. Supreme Court ruled today that courts of appeals should largely defer to lower courts’ decisions when policing subpoenas issued by the Equal Employment Opportunity Commission (EEOC). By...more

Bradley Arant Boult Cummings LLP

The Election’s Tilt on the Supreme Court and The Impending Ruling in McLane v. EEOC

President-elect Trump’s election injects uncertainty into the Supreme Court’s makeup and its future rulings, including for employment-related cases. Because the Senate has not held confirmation hearings on Merrick Garland,...more

Proskauer - Minding Your Business

‘Cause You’ve Got Proportionality: Overview of The Sedona Conference Commentary on Proportionality in Electronic Discovery

Recently, The Sedona Conference, a research and educational institute, published its 2016 Public Comment Version of The Sedona Conference Commentary on Proportionality in Electronic Discovery. This is the third version of...more

Jackson Lewis P.C.

Limiting Plaintiff’s Discovery on Similarly Situated Employees Reasonable, Federal Court Finds

Jackson Lewis P.C. on

Limiting a plaintiff’s pretrial discovery can be the key to defending an employment discrimination lawsuit. This point was aptly demonstrated in a federal appellate court ruling approving a district court’s denial of...more

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