E-Discovery LLC
JUNE 27, 2024
As a result, the Court will give an adverse inference instruction to the jury; the exact content of this instruction will be determined during the jury instruction conference. This blog was initially posted on Electronic Discovery Reference Model. 3d 1040, 1056–57 (S.D. at *3 (emphasis added).
Plaintiff Trial Lawyer Tips
OCTOBER 31, 2024
THREE PRIMARY DEFENSE CLAIMS __ __ __ PLAINTIFF PROOF OF CAUSATION __ DEFENDANT CAUSATION DEFENSE _ PRELIMINARY STATUS REVIEW Review local rules regarding deadlines and requirements DISCOVERY REVIEW Interrogatories Review defendant’s answers to interrogatories. Note incomplete answers for motion.
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Next Generation E-Discovery Law & Tech Blog
SEPTEMBER 11, 2024
The Court criticized Arch Insurance’s handling of the ESI search, describing the delay as indicative of “counsel’s disdain” for its discovery obligations. The Court ruled that the Plaintiff could introduce evidence of Arch Insurance’s eDiscovery failures at trial and would issue a jury instruction as an evidentiary sanction.
Joshua Gilliland
DECEMBER 10, 2015
I have met lawyers who have a crazy idea: They HAVE to read EVERY email, document, Excel file, video, and every other bit of ESI produced in discovery. Lawyers have a duty of competency to their client, and candor to the court, to look at what is relevant to their case and responsive to discovery requests. That position is wrong.
Next Generation E-Discovery Law & Tech Blog
AUGUST 30, 2023
The court cited an affidavit submitted by an eDiscovery expert witness who noted that when X1 Social Discovery was used to collect from the Plaintiff’s Facebook account, key evidence that existed prior to the litigation was missing because it had been deleted by the Plaintiff prior to the X1 Social Discovery collection.
Sound Jury Blog
JANUARY 8, 2024
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. And 3) How do you want jurors to apply the jury instructions to the verdict form questions?
Plaintiff Trial Lawyer Tips
NOVEMBER 17, 2024
The reality is that a jury, following the jury instructions can find significant negligent conduct they object to, but conclude it did not cause the harm plaintiff is complaining about. See: Washington Pattern Jury Instruction 21.01 See: Washington Pattern Jury Instruction 21.01 It could be scales.
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