Stories about discovery battles, trends in discovery
By Aleeza Furman | January 15, 2025
“The Superior Court’s decision provides an excellent review of Pennsylvania privilege law while ordering the production of interview notes containing factual summaries that the defendant had refused to produce,” the plaintiff's attorneys said in a joint statement.
1 minute read
By Brian Lee | January 14, 2025
In her State of State address, New York Gov. Kathy Hochul says defense attorneys have been incentivized to delay raising challenges to a prosecutor's compliance, so that they can have cases thrown out. The state's defense bar rejects these claims and urges the Legislature to leave the reforms undisturbed.
1 minute read
By Riley Brennan | January 3, 2025
"Rule 26 of our Rules of Civil Procedure allow a party to seek documents in the possession of the adverse party; it does not generally require the adverse party to pay for any said documents to be translated into the English language," the court said. "In other words, there is no duty to produce documents that do not exist."
1 minute read
By Aleeza Furman | December 4, 2024
“The court previously declined to impose monetary sanctions for the United States’ discovery misconduct throughout this litigation, which has involved inconsistencies, late disclosures, and the spoliation of evidence, although such conduct is unacceptable,” the judge held in an earlier ruling.
1 minute read
By Douglas J. McCarron and Michael Haggard | October 25, 2024
Completing a thorough investigation early on provides a strategic advantage, and the ability to push a case forward that will undoubtedly be beneficial to your client and your case. This means that relying on investigative means outside of traditional discovery is not an option, it is a necessity.
6 minute read
By Patricia E. Antezana | October 24, 2024
Can both plaintiffs and defendants—opposing parties in an adversarial system—ascribe the same meaning to "reasonableness" to cooperate in discovery? Is it reasonable to believe that adversarial parties are likely to reach an agreement as to what is "reasonable" in discovery? The Federal Rules of Civil Procedure answer with a resounding "yes."
7 minute read
By Michael P. Maslanka | October 24, 2024
"Teaching the basics (like how to wax a car, sand a floor, paint the fence) applies as well to learning the foundational techniques of effective deposing," writes columnist Michael P. Maslanka.
6 minute read
By Riley Brennan | October 18, 2024
"From the get-go, the plaintiff's attorney, Seth Carson, has treated as optional the court's orders, the Federal Rules of Civil Procedure, his opponent's requests and his own professional obligations. And he has declined to exercise the option," U.S. District Judge Gerald J. Pappert wrote, ordering that the plaintiff's attorney pay more than $32,000 in fees.
4 minute read
By Aleeza Furman | October 18, 2024
Judge Karen Marston held that, despite plaintiffs' arguments to the contrary, marketing discovery is not relevant to the broad legal issues the court has prioritized for early resolution.
3 minute read
By Abigail Adcox | October 16, 2024
Two married former associates and the firm agreed on the necessity of involving Steptoe—where one of the lawyers now works—in damages discovery.
4 minute read
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