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Self-Collection, Discovery About Discovery, and Curative Sanctions

E-Discovery LLC

Among them were: general principles of discovery; the role of counsel in self-collection; discovery on discovery; the date that the litigation hold was triggered; whether reasonable post-trigger steps were taken; curative sanctions under Fed.R.Civ.P. It insists that it is not conducting unchecked discovery.”

Discovery 130
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E-Discovery 101 – – A Refresher on the Scope of Discovery + Boilerplate Objections Sustained

E-Discovery LLC

9, 2024), provides a succinct summary of the scope of discovery under the December 2015 amendments to the Federal Rules of Civil Procedure. Information within this scope of discovery need not be admissible in evidence to be discoverable.” It – surprisingly – sustained boilerplate objections. The case involved a loan gone south.

Discovery 130
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Is Marking Documents as “Work Product” an Admission that the Duty to Preserve is Triggered?

E-Discovery LLC

Generally, work product protects certain information prepared in anticipation of litigation. And, generally, the common-law duty to preserve is triggered when litigation is reasonably anticipated. 26(b)(3) protects “things that are prepared in anticipation of litigation or for trial” and Fed.R.Civ.P. For example, Fed.R.Civ.P.

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Divorce Complaint Stricken and Testimony Precluded as Discovery Sanction

E-Discovery LLC

June 28, 2024)(unreported), the intermediate appellate court affirmed a discovery sanction in a divorce action. Mrs. Ferko alleged that Mr. Ferko’s discovery responses were inadequate on the issue of marital property. Ferko then filed two more motions to compel asserting that the discovery responses were deficient.

Discovery 130
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Discovery is the Lawyer’s X-Ray; However, an MRI May Not Be Reasonable

E-Discovery LLC

29, 2024), rejected “oceanic” discovery requests, while permitting reasonable ones. The court wrote: “Not surprisingly, discovery in this case, like ‘the course of true love, [has been anything but] smooth.’ Subrin, “Fishing Expeditions Allowed: The Historical Background of the 1938 Federal Discovery Rules,” 39 B.C. Rodriguez v.

Discovery 130
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Discovery From Former Attorney About Disputed Quid Pro Quo Offer to Opponent

E-Discovery LLC

11, 2024), involved a request for discovery from a former Town attorney concerning an offer that he allegedly made to plaintiffs. The court: set out the governing standard for discovery from an attorney and, denied a request to depose the attorney; but, authorized a limited interrogatory to him. Albra , 2024 WL 4471672 (S.D.N.Y.

Discovery 130
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Is a “Composite” Video Admissible and Can a Police Officer “Narrate” It at Trial? – Part 1 of 2

E-Discovery LLC

This first blog addresses the admissibility of a “composite” video prepared by the prosecution. Second , while the source materials “need not be introduced into evidence,” they must be “otherwise admissible.” That litigation involved a fatal police shooting in which I represented the defendants. Waterman v. Batton, 294 F.