E-Discovery LLC

APRIL 16, 2025

Discovery issues included, without limitation, whether email was discoverable, the late production by defendants of 80,000 responsive emails, proportionality, and a condemnation of boilerplate objections (called ipse dixit objections). Emphasis added]. History is important. For example, Thompson II was recently cited in Hargis v.

Discovery 130

Discovery Litigation Witnesses Objections 130

E-Discovery LLC

APRIL 4, 2025

the Court set out and applied the principles governing subpoenas and objections to them. The Court explained the dispute: Mr. Hall alleges that BPD and three former officersDonald Licato, Frank Barlow, and John Barrickconcealed exculpatory evidence and coerced false witness testimony during Plaintiffs 1992 murder trial.

Subpoenas 130

Subpoenas Discovery Objections Witnesses 130

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].

Discovery 130

Discovery Interrogatories Depositions Litigation 130

E-Discovery LLC

APRIL 10, 2025

The potential downside of unitization by time period or number of messages is that it can artificially break up continuing conversations into separate documents, requiring the parties to manually reassociate them for use in the litigation. Judge Grimm wrote that [w]henever ESI is offered as evidence, evidence rules must be considered.

Discovery 130

Discovery Evidence Litigation Objections 130

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. The court admitted the composite video over objection.

Admissibility 130

Admissibility Exhibits Evidence Cross-Examination 130

E-Discovery LLC

JULY 9, 2024

An in camera review is not appropriate merely because a party objects to assertions of privilege. And, a mere objection, or even a suspicion, is not a basis upon which the parties can shift a burden to the Court that they should bear themselves. For example, a “knee-jerk, boilerplate objection about undue burden,” has failed.

Objections 130

Objections Discovery 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

SEPTEMBER 4, 2024

Discovery is the lawyer’s x-ray: “Discovery procedure serves much the same function in the field of law as the X-ray in the field of medicine and surgery; and if its use can be sufficiently extended and its methods simplified, litigation will largely cease to be a game of chance.” 691, 717 (1998)(citation omitted). Rodriguez v. 7, 2022).

Discovery 130

Discovery Objections Evidence Litigation 130

E-Discovery LLC

MARCH 8, 2025

Some litigants have refused to enter into ESI Protocols, or refused to agree to incorporate a contractual protocol into a court order, out of concern that a future failure to comply would lead to sanctions. The court wrote that it then adopted Defendants protocol [as an order] and no objection to that order was filed. Emphasis added].

Discovery 130

Discovery Objections Interrogatories Litigation 130

E-Discovery LLC

DECEMBER 21, 2024

Boilerplate Objections Are Generally Condemned; Except When Theyre Not Citing the Correct Subsection of Fed.R.Evid. Boilerplate Objections Are Generally Condemned; Except When Theyre Not Citing the Correct Subsection of Fed.R.Evid. Can a witness authenticate a video if the video contains images that the witness did not see?

Admissibility 130

Admissibility Witnesses Discovery Mediation 130

E-Discovery LLC

MARCH 26, 2025

Given [1] the breadth and scope of Attorney XXXXs [1] ESI Requests and [2] the content and tone of the XXXX Firm ESI Plan, it is not surprising that Defense Counsel objected to the ESI protocol that Attorney XXXX was demanding be used in this case. would include litigate, litigation, litigating, etc.).

Discovery 130

Discovery Objections Litigation Healthcare 130

E-Discovery LLC

SEPTEMBER 25, 2024

Wiegand objected. After setting out the boilerplate on scope of discovery and requirements for a protective order, the Court wrote: “The burden is on the party resisting discovery to explain specifically why its objections, including those based on irrelevance, are proper given the broad and liberal construction of federal discovery rules.”

Discovery 130

Discovery Objections Admissibility Expert Testimony 130

E-Discovery LLC

MARCH 13, 2025

Plaintiffs responded that: they would be hampered in gathering critical evidence of fraudulent conduct by Defendants and others; discovery would not impose undue prejudice on Defendants; and, there is a public interest in resolving fraud claims. Defendants Motion to Compel Arbitration is potentially dispositive.

Discovery 130

Discovery Arbitration Litigation Mediation 130

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

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 Litigation Affidavits 130

E-Discovery LLC

DECEMBER 19, 2024

In In re Outpatient Medical Center Employee Antitrust Litigation , 2024 WL 4679083 (N.D. Objections were due by July 10 th. Plaintiffs contended that SCA did nothingsuch as objecting or filing a motion to quashsince it received notice of the Subpoena. Fanning on March 29, 2024. Pursuant to Fed. 502(a)(2) and (3).

Depositions 130

Depositions Subpoenas Evidence Discovery 130

IP Watchdog

AUGUST 24, 2023

The court found that the PTAB erred in its analysis of nexus between the claims and evidence of secondary considerations, as well as in its weighing of the objective indicia of nonobviousness.

Objections 52

Objections Evidence Litigation 52

E-Discovery LLC

AUGUST 22, 2024

Remington objected, and appealed, based on its long-standing, neutral document destruction policy. 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. Allen, Robert D.

Discovery 130

Discovery Litigation Evidence Objections 130

Civil Litigation Brief

FEBRUARY 23, 2025

In Lexi-Rae Speirs v St Georges University Hospitals NHS Foundation Trust[2025] EWHC 337 (KB) Senior Master Cook considered an argument that the defendant’s evidence should not be admitted because it was served late. The fundamental problem with the claimant’s submission.

Evidence 52

Evidence Objections 52

E-Discovery LLC

JULY 3, 2024

Wife noted that Husband’s refusal to provide discovery had been a continuing problem throughout the litigation. Wife requested that the court sanction Husband by precluding him from presenting evidence at trial. The Appeals Court wrote: “Husband alleged that he had recently filed for bankruptcy.

Discovery 130

Discovery Cross-Complaint Evidence Admissibility 130

Legal Writing Launch

OCTOBER 4, 2024

We will address: The Importance of Legal Writing in the Legal Profession Understanding the Types of Legal Writing Key Objectives and Functions of Writing Essential Legal Writing Skills and Techniques Strategies for Effective and Persuasive Legal Writing Legal writing stands as the cornerstone of the legal profession.

Objections 130

Objections Pleadings Precedent Legal Arguments 130

E-Discovery LLC

SEPTEMBER 12, 2024

The September 6, 2024, decision in In Re: Social Media Adolescent Addiction/Personal Injury Products Liability Litigation, 2024 WL 4125618 (N.D. Therefore, “control” existed where a litigant had the legal right to obtain documents on demand. 2024), applies the “legal control” standard to Fed.R.Civ.P.

Subpoenas 130

Subpoenas Discovery Litigation Objections 130

WA Bar News

JUNE 11, 2024

should not be considered as evidence. In this column, we’ll address a narrower, but more common, subset of deposition misconduct that the ABA opinion touches on: improper “coaching” during depositions and improper objections intended to impede the questioner. Irwin (E.D. Washington RPC 4.4(a) Washington RPC 3.4(a)

Depositions 98

Depositions Witnesses Objections Discovery 98

CaseFox

DECEMBER 21, 2023

The legal proceedings can be broadly categorised into civil and criminal litigation, each governed by distinct laws and procedures. This blog highlights the key differences between civil and criminal litigation according to the law. Discovery is the process by which parties exchange information and evidence.

Litigation 52

Litigation Evidence Burden Of Proof Objections 52

Evidence at Trial

APRIL 26, 2023

To best handle evidentiary questions about social media, litigators must understand the relevant evidentiary rules and their application. What Social Media Evidence? Starting with the obvious, information on social media certainly is evidence. Is Social Media Evidence Relevant? Is Social Media Evidence Authentic?

Evidence 52

Evidence Admissibility Witnesses Chain Of Custody 52

E-Discovery LLC

DECEMBER 16, 2024

The circuit court ordered Mr. 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.

Discovery 130

Discovery Interrogatories Affidavits Pleadings 130

IP Watchdog

AUGUST 20, 2021

The CAFC held that the designs were obvious because Gamon did not prove a nexus between commercial success and the claims, and because the evidence of Trinity’s copying did not overcome the strong evidence of obviousness provided by the prior art. s design patents would have been obvious over the prior art.

Manufacturing 126

Manufacturing Evidence Objections Litigation 126

E-Discovery LLC

JUNE 25, 2024

c)(2) contentions, in reviewing the briefs and exhibits, it is evident that the communication issues addressed in the court’s January 11, 2024 order have not been resolved. 1] __ [1] The court addressed boilerplate objections in detail, id. The Norcold court addressed a number of other issues. [1] at *6, among other issues.

Discovery 130

Discovery Exhibits Interrogatories Objections 130

E-Discovery LLC

MARCH 27, 2025

The court inferred that there had been only one phone call and: [F]rom an objective perspective, one has to question how important the discovery at issue is to the plaintiff’s case, as well as whether the defendant is merely stonewalling. A litigant may be right and still lose. [Emphasis in original]. Neither side does.

Discovery 130

Discovery Objections Litigation Exhibits 130

E-Discovery LLC

AUGUST 13, 2024

Defendant also explained that the retention policy is that when there is active notice of litigation, then from that point any video would be retained. Wilburn, however: “Plaintiff has not put before the undersigned any evidence that she sought to depose Ms. 2024 WL 3690799 at *5. Plaintiff later complained of lack of depositions.

Discovery 130

Discovery Depositions Interrogatories Objections 130

Jury Analyst

MAY 15, 2023

When conducting jury selection, the steps taken to ensure an objective trial are quite similar to the ones psychologists take to ensure objective research. However, there are some who remain skeptical about the idea of applying empirical methods to litigation. The legal profession has a long history and tradition.

Litigation 40

Litigation Objections Evidence Jury Selection 40

Jury Analyst

AUGUST 7, 2024

In order for the legal process to successfully uphold the ideal of a defendants right to a fair trial, jurors must evaluate the evidence that informs the verdict in a fair and impartial manner. These pre-existing beliefs can color their perception and evaluation of the evidence.

Jury Selection 40

Jury Selection Voir Dire Litigation Evidence 40

Temple University Beasley School of Law - Advocacy

NOVEMBER 9, 2023

” As otherwise described, “[t]his theory states that, whenever two objects come into contact, an exchange of materials occurs between them.” Mistek et al, , Toward Locard’s Exchange Principle: Recent Developments in Forensic Trace Evidence Analysis, [link] (last visited July 17, 2023).

Evidence 40

Evidence Admissibility Manufacturing Litigation 40

IP Watchdog

FEBRUARY 22, 2022

Zaxcom appealed the PTAB’s decision on the original claims in May of 2020, arguing that the PTAB misconstrued the patent claims and failed to properly consider evidence of industry praise. However, the court upheld the substitute claims Zaxcom had proposed.

Evidence 119

Evidence Technology Objections Litigation 119

Complex Discovery

NOVEMBER 25, 2024

By doing so, it offers an objective lens into a conflict that continues to reshape regional and international security paradigms. Near Kurakhove, similar tactics are evident as Russian forces push to consolidate gains and level the frontline for future offensive phases. Russo-Ukrainian Conflict Update* Breaking the Stalemate?

Government and Public Sector 97

Government and Public Sector Objections Litigation Technology 97

Complex Discovery

OCTOBER 26, 2024

This unique background positions ComplexDiscovery to provide valuable insights for conflict-related investigations and litigation, where understanding the interplay of technology, data, and geopolitical factors is crucial. strategic objectives. ISW is a non-partisan, non-profit, public policy research organization.

Objections 105

Objections Litigation Technology Discovery 105

E-Discovery LLC

JUNE 26, 2024

There a litigant filed overlong briefs and Ms. That decision is not a unicorn: Federal courts routinely warn litigants not to use textual footnotes to evade page limits. Another court imposed a limit in the midst of a dispute: “Saber objects to Larkin’s excessive use of footnotes. See Kano v. Nat’l Consumer Coop.

Discovery 130

Discovery Objections Litigation Exhibits 130