News & Analysis as of

Federal Rules of Civil Procedure

Array

This Week in eDiscovery: Privilege Log Falls Short on Key Entries

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Every week, the Array team reviews the latest news and analysis about the evolving field of eDiscovery to bring you the topics and trends you need to know. This week’s post covers the period of June 15-21. Here’s what’s...more

EDRM - Electronic Discovery Reference Model

Fed.R.Civ.P. 26(g) Was Violated by Permitting Client Searches With Minimal Oversight by Counsel

Fed.R.Civ.P. 26(g) is called the “stop and think” rule.  In Grullon v. Lewis, 2025 WL 1693425 (S.D.N.Y. Jun. 17, 2025), the court found a violation of that rule....more

Akin Gump Strauss Hauer & Feld LLP

District Court Declines to Order Production of Test Results Referenced in Complaint and Initial Disclosures

The Northern District of Ohio denied a motion to compel the plaintiff to produce test results referenced in its initial disclosures and complaint. The court found that because the “test results are not facts but rather are...more

Vondran Legal

Overview of the DMCA subpoena – UNMASKING what you need to know!

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Sometimes you want to know the identity of an infringer but you don't know it due to the use of a fake handle name or social media account name. In these circumstances, you may need to serve a "DMCA subpoena" on a social...more

Orrick, Herrington & Sutcliffe LLP

District court rules against dismissing CFPB case in favor of “public interest”

On June 12, the U.S. District Court for the Northern District of Illinois denied a joint motion by the CFPB and the defendants to vacate a stipulated final judgment and order, finding that the parties failed to demonstrate...more

Array

This Week in eDiscovery: How a ‘Diligent Search’ is Not a ‘Reasonable Inquiry’ and Why it Matters

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Every week, the Array team reviews the latest news and analysis about the evolving field of eDiscovery to bring you the topics and trends you need to know. This week’s post covers the period of June 8-14. Here’s what’s...more

McDermott Will & Emery

Jurisdiction Affirmed: Trademark Ripples Reach US Shores

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Addressing for the first time the issue of whether a foreign intellectual property holding company is subject to personal jurisdiction in the United States, the US Court of Appeals for the Eleventh Circuit reversed a district...more

Venable LLP

Final Means Final: Supreme Court Reaffirms Strict Limits on Post-Judgment Amendments

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When is a final judgment not final? In an opinion by Justice Thomas unanimously reversing the Second Circuit, the Supreme Court reaffirmed on June 5 that the bar for reopening a final judgment under the catchall provision in...more

EDRM - Electronic Discovery Reference Model

Privilege Log Deemed Partially Inadequate

In Gilbane Bldg. Co. v. School Bd. of Broward County, 2025 WL 1615553 (S.D. Fl. Jun 6, 2025), plaintiff moved to compel a “compliant” privilege log. The court decided six issues. The court wrote: “I agree that Defendant...more

Mintz - Intellectual Property Viewpoints

Split Federal Circuit Decision Emphasizes Need for Skilled Counsel

Complex damages analyses require skilled professionals who understand the law and facts of each case to navigate to success. The Federal Circuit’s recent en banc ruling in EcoFactor v. Google reiterates that point. The...more

Troutman Amin LLP

OVER THE HILL: Litigator Adean Hill Jr. Just Can’t Seem to Get Service Accomplished

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TCPAWorld has a bunch of little side stories in addition to all the big ones. Here’s a quick one for you. In Adean Hill v. Amity One Tax, 2025 WL 1592957 (N.D. Tex. June 5, 2025) the Court gave Hill one last chance to serve...more

Troutman Amin LLP

“WHOLLY INADEQUATE”: Another TCPA Defendant Represented by #BigLaw Gets Crushed And When Are Folks Going to Start Listening?

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I have said it before. I will say it again. The biggest mistake you can make for your business is choosing #biglaw to represent you in a TCPA class action. These guys keep getting smoked. Over and over again. Here is the...more

BakerHostetler

The Supreme Court Punts Uninjured Class Question: Analyzing ‘Laboratory Corp. of America Holdings v. Davis’

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On June 5, 2025, the Supreme Court dismissed the petition in Laboratory Corp. of America Holdings v. Davis on procedural grounds as having been “improvidently granted” and declined to address the underlying merits question...more

Hogan Lovells

Class action waiver prevails: Fourth Circuit reverses certification in Marriott data breach litigation again

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The Fourth Circuit (again) de-certified classes in the Marriott Data Breach Litigation. As further described below, the court held that the class action waiver at issue in the case was valid, not prohibited by Rule 23, and...more

Patterson Belknap Webb & Tyler LLP

Judge Román Dismisses Infringement Claims Based “Upon Information and Belief” in Surgical Instruments Case

Judge Nelson S. Román (S.D.N.Y.) recently dismissed a patent-infringement complaint for failure to state a claim, emphasizing the requirement that plaintiffs plead factual allegations rather than legal conclusions....more

Array

This Week in eDiscovery: Do We Really Have to Follow the TAR Protocol? Yes, Tennessee Court Says

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Every week, the Array team reviews the latest news and analysis about the evolving field of eDiscovery to bring you the topics and trends you need to know. This week’s post covers the period of June 1-7. Here’s what’s...more

Katten Muchin Rosenman LLP

Justice Kavanaugh Signals One Conservative Vote in Labcorp Toward Imposing a Pre-Certification Standing Requirement Under FRCP 23

On June 5, 2025, the Supreme Court declined to decide the question, certified in Laboratory Corp. of America Holdings v. Davis, as to “[w]hether a federal court may certify a class action pursuant to Federal Rule of Civil...more

Orrick, Herrington & Sutcliffe LLP

Supreme Court Declines to Resolve Circuit Split on Certifying Classes with Uninjured Class Members

On June 5, 2025, the U.S. Supreme Court dismissed as improvidently granted the writ of certiorari in Laboratory Corporation of America Holdings v. Luke Davis, No. 22-55873, which raised whether a federal court may certify a...more

Dorsey & Whitney LLP

The Supreme Court Update - June 9, 2025

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On June 6, 2025, the Supreme Court of the United States granted certiorari in four cases: Coney Island Auto Parts Unlimited, Inc. v. Burton, No. 24-808: This case concerns the applicability of the “reasonable time”...more

EDRM - Electronic Discovery Reference Model

“Diligent Search,” But No Responsive Data Is Insufficient Response

In EEOC v. Mia Aesthetics Clinic ATL, LLC, No. 1:24-CV-3407-MLB-AWH (N.D. Ga. May 30, 2025), the EEOC prevailed on several discovery disputes. It prevailed because its attorneys did their homework and supported their...more

Jones Day

U.S. Supreme Court Encourages Federal Rule 7(a)(7) Replies—A Potential Boon for Defendants

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The U.S. Supreme Court recently reminded district courts that they may use Federal Rule of Civil Procedure 7(a)(7)—a little-known rule—to screen out meritless complaints before discovery....more

Epstein Becker & Green

A Day of Near-Unanimity on Six Important Cases - SCOTUS Today

As this term draws to a close, the U.S. Supreme Court is getting busy in reducing its inventory of pending cases. Yesterday, six of them were resolved....more

Dorsey & Whitney LLP

The Supreme Court Update - June 5, 2025

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The Supreme Court of the United States issued six decisions today: Ames v. Ohio Dept. of Youth Services, No. 23-1039: This case addresses whether majority-group plaintiffs are held to a heighted evidentiary standard in...more

Robinson Bradshaw

Will the Supreme Court Weigh In on Ascertainability?

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We’ve written previously about courts’ differing approaches to ascertainability — an implicit requirement under Rule 23 that class members must be identifiable. A pending petition for certiorari in Career Counseling, Inc. v....more

King & Spalding

Washington District Court Limits Litigants’ Ability to Claw Back Privileged Documents Erroneously Produced in Discovery

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On April 29, 2025, United States District Judge John H. Chun of the Western District of Washington issued an order denying defendant Amazon’s request to claw back privileged documents it argued had inadvertently produced in...more

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