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Stories about discovery battles, trends in discovery
By Riley Brennan | February 8, 2023
"This decision is important—not just for this case—but because it establishes that failure to produce discovery can go far beyond a slap on the wrist," said plaintiffs counsel Gary Gilbert of Gilbert Employment Law in of Silver Spring, Maryland. "It should serve as a warning to defendants that they exercise diligence in providing discovery."
4 minute read
By Cheryl Miller | February 6, 2023
A new bill by state Sen. Tom Umberg would quadruple sanctions against lawyers who disrupt the discovery process. "The standard operating practice," Umberg said, "cannot be that you stonewall discovery."
3 minute read
By H. Christopher Boehning and Daniel J. Toal | February 6, 2023
Since the adoption of Rule 37(e), even while interpretations of the rule have varied, federal courts across the country have consistently used it as the basis for their ESI spoliation and sanctions analyses. Not so, however, in a recent case from the Eastern District of Pennsylvania.
8 minute read
By Max Mitchell | February 3, 2023
Bosworth, however, says that the defense's characterization of the deposition turns events on their head, and that it was defense attorneys who had acted improperly during the initial round of depositions.
5 minute read
By Robert S. Kelner, Gail S. Kelner and Joshua D. Kelner | January 30, 2023
It is clear that there are issues which may arise with respect to the scope of the waiver of the physician-patient privilege in personal injury and medical malpractice actions which require scrutiny when pertinent pleadings are prepared.
13 minute read
By Amanda Bronstad | January 30, 2023
In lawsuits, GlaxoSmithKline, Unilever and others are challenging the scientific methods used by Valisure, the Connecticut laboratory whose reports have prompted recalls, and subsequent class actions, over drugs, sunscreen and dry shampoo.
10 minute read
By Aleeza Furman | January 27, 2023
"What we have here is an opportunity for the Superior Court to put its eyes on these privilege issues in a way that's a little different than we've seen in some recent decisions," said Kline & Specter's Charles Becker.
3 minute read
By Michael A. Mora | January 26, 2023
"We're starting to see certain law firms using this tactic as a bludgeon rather than a way to refine certain questions that need to be answered by a corporate representative," said Edward G. Guedes, a partner at Weiss Serota Helfman Cole & Bierman.
4 minute read
By Kelly Lavelle | January 26, 2023
On Jan. 9, the U.S. Supreme Court heard oral argument on whether the attorney-client privilege protects against disclosure of dual-purpose communications—where the communications contain both legal and nonlegal advice.
6 minute read
By Riley Brennan | January 24, 2023
"Mrs. O'Brien's interest in appealing the discovery order is no different from any party seeking to keep relevant, inculpatory evidence out of court," the appeals court said. "That interest—common to all civil defendants—does not constitute a right too important to be denied immediate review under Pa.R.A.P. 313(b)."
4 minute read
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