Complex Discovery

JUNE 17, 2024

states over talcum powder litigation marks a pivotal moment in consumer protection and corporate accountability. Cybersecurity, information governance, and eDiscovery professionals will find the developments in this case particularly relevant as they navigate the complexities of corporate litigation and regulatory compliance.

Litigation 111

Litigation Pharmaceuticals Manufacturing Evidence 111

Attorney at Work

NOVEMBER 15, 2021

The pace of litigation is dizzying. In the past, attorneys navigated these twists and turns by relying on intuition, experience and anecdotal evidence. Knowing where a judge sits in relation to their peer averages, as well as the number of cases the judge has on deck, can help litigators anticipate the likely pace of their case.

Litigation 260

Litigation Settlement Negotiations Legal Research Technology 260

E-Discovery LLC

DECEMBER 18, 2024

Boyers (or anyone elses) chat messages contain relevant evidence that was not properly preserved, and thus there is no justification for an order requiring Google to run the search terms plaintiffs propose through the documents collections for all Google custodians and witnesses. at *2 (cleaned up); cf. Grimm, Michael D. Berman, et al.,

Discovery 130

Discovery Litigation Witnesses Depositions 130

Civil Litigation Brief

NOVEMBER 8, 2024

In Raja & Anor v ATM Law & Ors [2024] EWHC 2782 (Ch) the witnesses gave evidence (or attempted to give evidence) from inappropriate places, including a bus. The judgment of Master Clark shows the need to follow the correct.

Evidence 98

Evidence Witnesses 98

IP Watchdog

NOVEMBER 6, 2023

The Federal Circuit remanded the case for further consideration of extrinsic evidence from chemistry textbooks to determine the proper meaning of the claim term “a pH of 13 or higher.” Mylan Pharmaceuticals Inc. vacating an infringement judgment against Mylan in the Northern District of West Virginia.

Evidence 105

Evidence Pharmaceuticals Construction Litigation 105

IP Watchdog

JUNE 28, 2023

But the available evidence does not support the Complaint’s contention that Judge Newman’s performance has adversely changed in any statistically-significant way compared to that of her colleagues on the court.

Evidence 111

Evidence Litigation 111

Civil Litigation Brief

JULY 18, 2024

She rejected the second defendant’s evidence based on. In Biggadike v El Farra & Anor [2024] EWHC 1688 (KB) HHJ Carmel Wall (sitting as a High Court Judge) found that annotations made to medical records were not, in fact, contemporaneous.

Evidence 80

Evidence Witnesses 80

E-Discovery LLC

JUNE 4, 2024

It was an honor to be part of a presentation on “Social Media in Litigation” to the Maryland Judicial College today, together with The Hon. We did demonstrations of a pro se litigant offering evidence from a cell phone and a mock direct examination authenticating a Facebook page. Grimm (ret.), Shelton, Esq.,

Direct Examination 130

Direct Examination Discovery Litigation Evidence 130

Civil Litigation Brief

JULY 29, 2024

On the rare occasions we look at procedure in jurisdictions outside England and Wales it is often in relation to expert evidence. Other jurisdictions have similar issues in relation to experts, particularly argumentative experts. An example can be seen in.

Evidence 75

Evidence Education Witnesses 75

Discovery Advocate

MARCH 30, 2023

In re Google Play Store Antitrust Litig., — F. In failing to preserve relevant chat messages after the commencement of litigation, the court opined that Google “fell strikingly short … in honor[ing] the evidence preservation duties it was abundantly familiar with from countless prior cases.” 21-MD-02981 (JD) (N.D.

Discovery 130

Discovery Litigation Evidence Case Management 130

E-Discovery LLC

AUGUST 29, 2024

The Court wrote that: “Plaintiff admitted that he lost, misplaced, or destroyed relevant, discoverable material since initiating the litigation.” To the contrary, Plaintiff’s statements that evidence was lost when he was evicted and put his belongings in storage indicate that the loss was not purposeful. The loss was undisputed.

Evidence 130

Evidence Discovery Litigation 130

IP Watchdog

AUGUST 13, 2021

On Wednesday, the U.S. Court of Appeals for the Federal Circuit (CAFC), with Chief Judge Moore writing for the court, vacated and remanded a Patent Trial and Appeal Board (PTAB) decision, stating the PTAB erred in construing the claims of Magseis’ U.S. RE45,268 (’268 patent). Seabed Geosolutions (US) Inc. Magseis FF LLC.

Evidence 122

Evidence Construction Litigation 122

E-Discovery LLC

SEPTEMBER 10, 2024

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

Evidence Witnesses Discovery Litigation 130

E-Discovery LLC

DECEMBER 9, 2024

Therefore, in his view, the evidence was not sufficiently authenticated. This method allows for authentication by the presentation of evidence describing a process or system that produces an accurate result. see The “Silent Witness” Theory of Authentication of Video Evidence (July 5, 2024). Lorraine v. 534, 542 (D.

Witnesses 130

Witnesses Expert Testimony Chain Of Custody Evidence 130

Ball in Your Court

AUGUST 1, 2024

Yesterday, I sought to defend the value of my law school course on E-Discovery & Digital Evidence to a law Dean who readily conceded that she didn’t know what e-discovery was or why it would be an important thing for lawyers to understand. My métier has always been litigation, to… It was a bracing experience.

Digital Evidence 117

Digital Evidence Discovery Evidence Litigation 117

Discovery Advocate

JANUARY 26, 2024

The updates reinforce the “longstanding obligation” to preserve and produce all responsive documents, including data from ephemeral messaging applications that allow messages to disappear or are designed to hide evidence.

Subpoenas 147

Subpoenas Evidence Litigation Discovery 147

E-Discovery LLC

DECEMBER 21, 2024

Reasonably Calculated to Lead to Discovery of Admissible Evidence Is a Vehicles On Board or Dash Cam Video Protected From Disclosure as Work Product? Can a witness authenticate a video if the video contains images that the witness did not see? Mediation of Discovery Disputes by Courts Law Clerk?

Admissibility 130

Admissibility Witnesses Discovery Mediation 130

E-Discovery LLC

OCTOBER 6, 2024

But, the Court found and held that there was no evidence that the defendants had read the emails after plaintiff’s termination. The Court rejected invasion of privacy and wiretap claims because there was no evidence that the employer had read the emails after the plaintiff was terminated. 19, 2021). [1]

Evidence 130

Evidence Discovery Affidavits Litigation 130

Insurance Journal

AUGUST 21, 2024

A study from RAND found that rising litigation rates, trial awards and claim severity are consistent with the expected effects of social inflation. The study, What Is the Evidence for Social Inflation? Trends in Trial Awards and Insurance Claim Payments, …

Evidence 110

Evidence Litigation Insurance 110

Civil Litigation Brief

JULY 17, 2024

In Tanfield & Anor v Meadowbrook Montessori Ltd [2024] EWHC 1759 (Ch) ICC Judge Barber allowed a respondent’s application for relief from sanctions when witness evidence was served late. The Denton test was considered and, although the respondent could not.

Evidence 69

Evidence Witnesses 69

E-Discovery LLC

AUGUST 16, 2024

In the latest iteration of In Re StubHub Refund Litigation , 2024 WL 3817068 (N.D. This is adversarial litigation, and there need to be clearly understood responsibilities. You can move your opponent’s rog responses in evidence as the statement of a party opponent because your opponent said those facts are true. emphasis added].

Interrogatories 130

Interrogatories Discovery Depositions Litigation 130

E-Discovery LLC

SEPTEMBER 22, 2024

Among them were: general principles of discovery; the role of counsel in self-collection; discovery on discovery; the date that the litigation hold was triggered; whether reasonable post-trigger steps were taken; curative sanctions under Fed.R.Civ.P. Some Tactical Options for Businesses Faced With Pre-Litigation Preservation Demands (Jan.

Discovery 130

Discovery Burden Of Proof Litigation Evidence 130

E-Discovery LLC

AUGUST 21, 2024

Rather, a party seeking spoliation sanctions must establish that the party with the evidence had an obligation to preserve it. Thus, on or about November 20, 2017 is the first date that Defendant had an obligation to preserve evidence.” 9, 2021); Maryland’s High Court Affirms Sanction for Spoliation of Video Evidence (Jan.

Evidence 130

Evidence Discovery Objections Litigation 130

E-Discovery LLC

DECEMBER 19, 2024

In In re Outpatient Medical Center Employee Antitrust Litigation , 2024 WL 4679083 (N.D. A federal court may order that the privilege or protection is not waived by disclosure connected with the litigation pending before the court–in which event the disclosure is also not a waiver in any other federal or state proceeding.

Depositions 130

Depositions Subpoenas Evidence Discovery 130

Civil Litigation Brief

SEPTEMBER 6, 2024

In IlliquidX Ltd v Altana Wealth Ltd & Ors [2024] EWHC 2191 (Ch) Chief Master Shuman dismissed the claimant’s application to rely on expert evidence. It was held that the application was made too late and, in any event, not.

Evidence 52

Evidence Litigation Witnesses 52

E-Discovery LLC

AUGUST 31, 2024

499 (2024), addressed introduction of a “composite” video as summary evidence and the use of police officers’ testimony describing it. Maps of the neighborhoods were admitted into evidence, showing the locations of the cameras by number and direction each camera was facing. State , 261 Md. at 509-510.

Admissibility 130

Admissibility Exhibits Evidence Cross-Examination 130

E-Discovery LLC

OCTOBER 2, 2024

Plaintiff responded that the videos were not created in anticipation of litigation and therefore they are not protected work product. It explained that “there is nothing in the record to suggest that Defendant created the requested videos in anticipation of litigation. Next , the court overruled the improper boilerplate objections.

Admissibility 130

Admissibility Discovery Objections Interrogatories 130

E-Discovery LLC

NOVEMBER 5, 2024

Generally, work product protects certain information prepared in anticipation of litigation. And, generally, the common-law duty to preserve is triggered when litigation is reasonably anticipated. 26(b)(3) protects “things that are prepared in anticipation of litigation or for trial” and Fed.R.Civ.P. For example, Fed.R.Civ.P.

Admissibility 130

Admissibility Litigation Discovery Evidence 130

E-Discovery LLC

AUGUST 9, 2024

8, 2024), Debra Cassens Weiss reported on an information governance issue: “A federal judge who ruled that Google is a monopolist declined to sanction the search engine for failing to preserve internal chat messages, even though he criticized its policies intended to keep bad evidence out of litigation.” ” Ms.

Litigation 130

Litigation Discovery Evidence 130

Civil Litigation Brief

NOVEMBER 13, 2024

The Court of Appeal decision in T (Fresh Evidence on Appeal) [2024] EWCA Civ 1384 is an appeal in a family court case. It contains important observations in relation to attempts to adduce new evidence at the appeal stage. Equally.

Evidence 59

Evidence Witnesses 59

E-Discovery LLC

OCTOBER 9, 2024

26(b)(1)states: The former provision for discovery of relevant but inadmissible information that appears “reasonably calculated to lead to the discovery of admissible evidence” is also deleted. It is replaced by the direct statement that “Information within this scope of discovery need not be admissible in evidence to be discoverable.”

Objections 130

Objections Discovery Interrogatories Admissibility 130

E-Discovery LLC

AUGUST 22, 2024

On remand, if the trial court is called upon to again instruct the jury regarding failure to produce evidence, the court should consider the following factors before deciding whether to give the instruction to the jury. Aldridge: Making the Spoliation Instruction A Litigation Unicorn,” 3 Tex. Johnson, “Brookshire Brothers v.

Discovery 130

Discovery Litigation Evidence Objections 130

E-Discovery LLC

OCTOBER 15, 2024

In separate litigation, the wife had engaged in improper conduct, including refusal to return and wiping a TST laptop, copying and retaining TST data, and she was held liable for conversion, enjoined, and punitive damages were assessed against her. Rule 5-402 (“Evidence that is not relevant is not admissible.”). See, e.g., Cole v.

Subpoenas 130

Subpoenas Objections Discovery Admissibility 130

Civil Litigation Brief

JULY 15, 2024

There are four webinars over the next four weeks dealing with key elements of fatal accident litigation. An introduction to the coroner’s court for personal injury and clinical negligence lawyers 23rd July 2024 This webinar is an introduction to the.

Litigation 75

Litigation Evidence 75

Hanzo Blog

JUNE 21, 2023

In the ongoing case of Sam Bankman-Fried and his failed crypto exchange FTX, the growing volume of evidence highlights the new landscape of ediscovery challenges when it comes to the breadth of new data sources showing up in corporate litigation.

Discovery 97

Discovery Evidence Litigation Case Law 97

Civil Litigation Brief

NOVEMBER 21, 2024

It is a case where the claimant’s expert evidence on causation. I am grateful to barrister Andrew Ward for sending me a copy of the judgment of Mrs Justice Yip in Fraser -v- Ministry of Defence [2024] EWHC 2977 (KB).

Evidence 59

Evidence 59

Complex Discovery

JULY 20, 2024

Furthermore, it underscores the importance of digital expertise in uncovering and preserving evidence of war crimes and human rights abuses, showcasing how modern technology and professional skills are pivotal in addressing the multifaceted challenges of contemporary conflicts.

Digital Evidence 116

Digital Evidence Evidence Objections Litigation 116