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Defendants Should Not Have Moved to Dismiss, Negotiated an ESI Protocol, and Engaged in Discovery Before Moving to Compel Arbitration

E-Discovery LLC

13, 2025), defendants waived their right to arbitration by moving to dismiss for failure to state a claim, negotiating an ESI Protocol, and engaging in discovery for 17 months. Discovery commenced after the Courts initial scheduling conference on August 15, 2023. Avis Rent a Car System LLC , 2025 WL 484588 (D.N.J.

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Word Processing Wars

E-Discovery LLC

citing Pouncing on Little Ambiguities Leads to Discovery Sanctions (Sept. And, those footnotes are not merely casual asides; they encompass nearly all of plaintiffs’ cited legal authorities and accompanying discussions. Sometimes Discovery Disputes Do Not Bring Out the Best in Us (June 20, 2024). McClinton v. Cogency Glob.,

Discovery 130
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Conflicts Arising From Sanctions Motions: An Analytical Framework

WA Bar News

7 CR 37, in turn, addresses sanctions for a broad spectrum of discovery misconduct ranging from incomplete answers to discovery requests to the failure to comply with discovery orders. In addition to CR 11 and CR 37, see also CR 26(g) (certifications on discovery responses), Fed. In Engstrom v. Goodman , 166 Wn.

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Employer Erred by Downloading Former Employee’s Personal Email; But, Failure to Preserve it Was Not Spoliation; and, There Was a Gap in Employee Handbook Clause Permitting Employer Access Post-Termination

E-Discovery LLC

The Court wrote: “By our count, the parties have brought a total of seven lawsuits against each other, although many of the legal arguments throughout these suits are obscured by personal attacks by both parties and stories that are inconsistent even within themselves. 3, 2024), is a lengthy and complex decision.

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The Deposition: What To Expect And How To Prepare

SW&L Attorneys Blog

Part of the civil litigation process involves gathering evidence, known as discovery. The purpose of a deposition is to learn more information about the witnesss knowledge of the case, not make legal arguments. A general rule of thumb: if the case does not involve criminal charges or juveniles, its probably civil litigation.

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What Is a Litigator? And the Differences From a Lawyer

CaseFox

They work closely with clients to assess the strengths and weaknesses of their cases, develop legal strategies, and gather evidence to support their arguments. Litigators conduct thorough legal research , draft pleadings and motions, and engage in pre-trial procedures like discovery.

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Managing Clients’ Digital Evidence: Best Practices for Family Law Attorneys in High-Conflict Cases

Destination Articles Blog

In this blog, we’ll explore the role of digital evidence in family law and provide strategies for effectively managing high-conflict cases so that you can handle and use digital data to strengthen your legal arguments and outcomes.