Remove Discovery Remove Litigation Remove Pleadings
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“Self Help” Discovery Results in Striking of Wrongfully Obtained Evidence

E-Discovery LLC

At its most general level, the holding was that a litigant may not invoke the courts to assert their legal rights, then engage in extralegal conduct. In the Courts words, the sanction alleviated prejudice to the employer and signals to Campbell and other litigants that one must deal honestly before the courts. 25, 2025)(Bredar, J.),

Evidence 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.” While construing relevance broadly, this Court is anchored by the parties’ pleadings. “To

Discovery 130
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Counsel Not Required to Swear to Having Met Discovery Obligations

E-Discovery LLC

17, 2024), the court rejected a demand that opposing counsel state under oath that counsel had properly conducted discovery. 26(g) (the stop and think rule regarding discovery) or Rule 37(a)(4) (evasive and incomplete discovery responses) to, or instead of, Rule 11. Trivest Partners L.P., 2024 WL 514015 (E.D. 6, 2024).

Discovery 130
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Two Recent Decisions Imposing Sanctions for Discovery Failures

E-Discovery LLC

26, 2024)(unreported), dismissals for discovery violations were affirmed. Nguh, one owner, propounded discovery on Mr. Etame, the opposing owner. The Appellate Court wrote: Mr. Etame failed to respond to discovery, and on March 3, 2022, Ms. Etame to submit any objections, which he did, with some discovery responses.

Discovery 130
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Too Busy to Respond to Discovery = Waiver of Objections & Sanctions

E-Discovery LLC

Despite several extensions of time, the defendant essentially told the court that it had been too busy to respond to discovery. Plaintiff Orlando sought discovery from defendant HKS. All objections to the discovery at issue, other than privilege, have been waived by the failure to timely respond to the discovery.”

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A Wake Up Call Revisited: Read the Rules & Don’t Argue “Not Reasonably Calculated” in Federal Courts

E-Discovery LLC

19, 2025)(Emphasis added), the court wrote: Throughout his responses, Canales objects to OPWs requests on the ground that they are not reasonably calculated to lead to the discovery of admissible evidence. See Reasonably Calculated to Lead to Discovery of Admissible Evidence (Nov. It has been almost seven years since the Hon.

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Another Cinderella Situation –Motion Denied as Untimely?

E-Discovery LLC

This case is, in part, a trade secret case involving alleged misappropriation of source code, so requests seeking production of source code and related data are an expected part of discovery…. The court proceeded to resolve a number of other discovery issues. 1, 2023)( untimely discovery objection was waived); cf.