Remove Construction Remove Discovery Remove Evidence
article thumbnail

Relative Proportionality Argument Rejected

E-Discovery LLC

One of three defendants contended that the discovery propounded on it was not proportional because it was the least culpable of the three. Plaintiffs sought discovery “relat[ing] to other incidents involving Wiegand mountain coasters at Wisp Resort and elsewhere.” 16, 2024)(Bredar, J.), The Bender Court disagreed. Wiegand objected.

Discovery 130
article thumbnail

Trust Me:  Nothing in the Missing Video Would Have Helped You!

E-Discovery LLC

The Court denied an implied request for spoliation sanctions, writing: “Without evidence before it that there was a video, the Court declines to speculate that one existed.” The Court determined that there was a mere scintilla of evidence supporting causation due to a roof leak. In this blog, I suggest a different analysis.

Evidence 130
Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

The Deliberative Process or Executive Privilege

E-Discovery LLC

And, that will impact e-discovery. Plaintiff moved to compel discovery of memos prepared by the internal affairs division. Under that construct, routinely generated documents, such as internal affairs investigations, would not be protected. Raimondo , No. 22-451, __ U.S. __ (Jun. The privilege is well-established.

Discovery 130
article thumbnail

Three Key eDiscovery Lessons from Domus BWW Funding v. Arch Insurance Company

Next Generation E-Discovery Law & Tech Blog

In its first eDiscovery failing, Arch Insurance did not issue a litigation hold until four years after having constructive notice of the claim. Employees at Arch Insurance identified relevant ESI, but due to what the court identified as a lack of supervision by counsel, critical potential evidence was mishandled.

article thumbnail

2024 Litigation Resolutions for All Litigators

Sound Jury Blog

Initial Case Strategy “I resolve to start thinking about my jury story BEFORE discovery even starts.” Too often we see trial teams begin thinking about their jury story near or at the close of discovery. Instead, write your closing based on the answers to these three questions: 1) What evidence or testimony is most true on its face?

article thumbnail

The Deposition: What To Expect And How To Prepare

SW&L Attorneys Blog

Civil litigation cases involve a wide variety of topics: contracts, business disputes, construction, negligence, personal injury, contested probates, family law, and more. Part of the civil litigation process involves gathering evidence, known as discovery.

article thumbnail

Pokrovsk Under Fire: Tactical and Technological Shifts in 1,018 Days of War

Complex Discovery

Strategic Maneuvers and Key Challenges Key geolocated evidence reveals Russian forces capture of Novopustynka and progress near Shevchenko’s outskirts, signaling a concerted push along the T-05-15 highway towards Pokrovsk. Information governance practitioners rely on geolocation to ensure the integrity and authenticity of critical data.