Remove Counterclaim Remove Litigation Remove Objections
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Should Discovery be Stayed Pending Ruling on Dispositive Motion?

E-Discovery LLC

Defendant argues that discovery in this case should be stayed pending the resolution of its motion to dismiss, that the requested discovery contains proprietary and confidential information, and stands on various of objections. It also considers the complexity of the action and whether there are counterclaims or cross-claims.

Discovery 130
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Another Cinderella Situation –Motion Denied as Untimely?

E-Discovery LLC

Defendants counterclaimed. The Fiskars court explained that: The bottom line is this: Even if the court were inclined to compel production of source code and related documents, that information would be unusable in this litigation absent a dramatic upheaval of the schedule…. 1, 2023)( untimely discovery objection was waived); cf.

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Two Recent Decisions Imposing Sanctions for Discovery Failures

E-Discovery LLC

Etame to submit any objections, which he did, with some discovery responses. The circuit court then prohibited Mr. Etame from presenting any evidence and struck his pleadings, including counterclaims. There are cases where litigants are being directed to support their discovery positions under oath. He failed to comply.

Discovery 130
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4 Strategies for Preventing and Handling Frivolous Lawsuits

Lawmatics

Legal Sanctions and Penalties Defendants may pursue a counterclaim against the plaintiff, and if successful, it could result in legal sanctions and penalties for the party that filed the frivolous lawsuit. Unlike the average small business, however, they are the world’s largest retailer and have the means to defend themselves.

Education 130
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Proportionality and Labeling ESI Productions

Joshua Gilliland

The Plaintiff rightly objected to these requests, but made only improper boilerplate objections. The new Rule 34(b)(2)(B)-(C) requires parties to object with “specificity” and “an objection must state whether any responsive materials are being withheld on the basis of the objection.”