Affidavits, Discovery and Litigation

Affidavits

Discovery

Litigation

Discovery 101 – Court Sets Out Ground Rules to Resolve Discovery Dispute

E-Discovery LLC

JULY 25, 2025

clearly sets out a series of rules governing discovery disputes. At a status conference, each party asserted that the other had not adequately responded to discovery requests. This blog was initially posted on Electronic Discovery Reference Model. _ [1] For more information on Rule 26(g), see Golden Oldie #5 – Fed.R.Civ.P.

Discovery

Discovery Objections Affidavits Expert Testimony

Decision on How to Best Search for ESI – Court Orders ESI Protocol in “Epic of Dysfunctional Discovery,” With Unique Clawback Provision

E-Discovery LLC

JULY 23, 2025

In a case where the plaintiff seeks $24,000,000 in damages, the court stated: “Today we write the next chapter in this litigation, a case which threatens to become an epic of dysfunctional discovery…. The parties have long been embroiled in contentious discovery disputes.” Everlast Roofing , Inc. Wilson , 2025 WL 1959345 (M.D.

Discovery

Discovery Affidavits Litigation Objections

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Non-Party Law Firm Ordered to Provide Defaulting Client’s Affidavit to Support Claim of Client’s Privilege

E-Discovery LLC

JUNE 6, 2025

EAG did not respond, and Mr. Riffle was granted leave to conduct discovery in support of a planned motion for default judgment. The court wrote: Riffle … argued the lack of an affidavit from EAG stating EAG wishes to assert the privilege dooms the motion because EAG, not the firm, “is the holder of the attorney-client privilege.”

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Affidavits Subpoenas Discovery Litigation

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Protective Order Barring Use of Discovery Materials in Other Litigation Was Vacated

E-Discovery LLC

JULY 18, 2025

A protective order barring post-settlement use by plaintiffs’ counsel of defendant’s discovery responses in other litigation was vacated in Cordero v. Columbia submitted an affidavit stating that the protective order had a “tremendous chilling effect” on its advocacy in other matters. Stemilt AG Services, LLC, __ F. Motors Corp.,

Discovery

Discovery Litigation Burden Of Proof Legal Services

Privilege Log Deemed Partially Inadequate

E-Discovery LLC

JUNE 19, 2025

Fourth , Plaintiff demanded that defendant provide the date when defendant anticipated “imminent” litigation, the exemption standard under a Florida public records statute. After all, one of the recipients is Defendant’s litigation counsel in this case. Commentary-on-Privilege-Logs-May-2024.pdf The email may very well be privileged.

Discovery

Discovery Litigation Objections Affidavits

“Heartless” Ex Parte Motion for Sanctions Denied Because There Was No “Fire”

E-Discovery LLC

JULY 26, 2025

37-3 states: Unless the Court in its discretion otherwise allows, no discovery motions may be filed or heard on an ex parte basis absent a showing of irreparable injury or prejudice not attributable to the lack of diligence of the moving party. Plaintiff is concerned about the clock ticking on its discovery cutoff, and rightly so.

Discovery

Discovery Depositions Objections Affidavits

Two Recent Decisions Imposing Sanctions for Discovery Failures

E-Discovery LLC

DECEMBER 16, 2024

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. Nguh’s discovery requests, including requests for his address and phone number.

Discovery

Discovery Interrogatories Affidavits Pleadings

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

E-Discovery LLC

MARCH 3, 2025

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

Evidence Discovery Affidavits Pleadings

No Privilege Log is Necessary in Limited Circumstances When Discovery Requests Are Overbroad

E-Discovery LLC

APRIL 5, 2025

In previous blogs, I addressed decisions holding that Where Requests for Discovery were Overly Broad, No Privilege Log was Required (Oct. 12, 2024); No Privilege Log Is Needed While Scope of Discovery Objections Are Pending (Aug. Baltimore Police Dept., 2025 WL 509130 (D. 24, 2024). See generally Fed. 25, 2021).

Discovery

Discovery Subpoenas Objections Affidavits

Golden Oldie #2 – 40 Hours of Searching is Enough

E-Discovery LLC

APRIL 17, 2025

Plaintiff filed a motion to compel discovery responses. At the outset, the Court wrote that it is given great flexibility to order only that discovery that is reasonable for a case, and to adjust the timing of discovery and apportion costs and burdens in a way that is fair and reasonable. Emphasis added].

Discovery

Discovery Affidavits Objections Litigation

Request to Appoint Neutral Forensic Expert Denied as Speculative and Unsupported

E-Discovery LLC

JANUARY 28, 2025

24, 2025), the court imposed sanctions on a pro se litigant who, in the courts words, has engaged in unseemly behavior towards counsel as well as improper discovery litigation. He alleged discrepancies in the timestamps of some of the emails produced by Costco as part of the discovery. In Rivera v.

Discovery

Discovery Expert Testimony Affidavits Evidence

How Not to Conduct a Meet and Confer or Comply With an ESI Protocol

E-Discovery LLC

APRIL 1, 2025

28, 2025), the court entered an order denying plaintiffs motion to compel supplemental document discovery and closing discovery. The court recited the discovery history and added: Despite the relative simplicity of this action, discovery has been anything but simple. Leadenhall Capital Partners LLP , 2025 WL 942414 (S.D.

Discovery

Discovery Depositions Litigation Affidavits

Requesting Parties Are Denied “Input” Into Producing Party’s Search Terms

E-Discovery LLC

MARCH 5, 2025

In Tremblay, after the second denial, the court continued: It appears that Plaintiffs now seek to litigate that issue for a third time, and by doing so, it appears that the objective of the courts initial ruling (i.e., His Honor added: Of course, the best solution in the entire area of electronic discovery is cooperation among counsel.

Discovery

Discovery Affidavits Technology Objections

Golden Oldie #6 – Four Historical Search Decisions

E-Discovery LLC

APRIL 21, 2025

See, e.g., EDRM Search Guide ; The Sedona Conference Best Practices Commentary on the Use of Search and Information Retrieval Methods in E-Discovery The following are a few exemplar decisions that set the stage: In Re Seroquel Prod. Liability Antitrust Litigation , 244 F.R.D. In that case, one litigant designed its search in secret.

Discovery

Discovery Depositions Litigation Affidavits

“Order on Proposed ESI Order” – Is There a Better Mousetrap?

E-Discovery LLC

SEPTEMBER 24, 2024

The court also wrote: “Quince’s September 5, 2024 letter violates the Court’s procedures for resolving discovery disputes, which requires the filing of joint discovery letters. The Court, however, considers this letter given that Deckers filed an improper affidavit earlier the same day, stating its position.” May 9, 2023).

Discovery

Discovery Case Management Affidavits Mediation

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

OCTOBER 6, 2024

The decision reinforces the need for carefully-designed, proactive, and comprehensive information governance and litigation hold procedures. Mr. Hughey said in an affidavit (offered into evidence by both HHI and Mr. Shapiro) that he mapped Mr. Shapiro’s email account onto two HHI computers. 19, 2021). [1]

Evidence

Evidence Discovery Litigation Affidavits

Best Evidence Rule Requires Post-Level Collection for Social Media Evidence

Next Generation E-Discovery Law & Tech Blog

AUGUST 30, 2023

Junior State of America Foundation , is a civil litigation matter involving the intentional destruction (spoliation) of social media evidence. The plaintiff had deleted his Facebook account resulting in lost evidence critical to the case.

Evidence

Evidence Jury Instructions Discovery Affidavits

New Jersey Decision Permits Geofence Warrants Upon a Proper Predicate

E-Discovery LLC

MAY 22, 2025

This has generated a lot litigation over them. In the probable cause affidavit: The detective supplied to the court the geographic coordinates of the gas service station and the fourteen-minute time window corresponding to the crime as recorded by the store surveillance camera. May 20, 2025)(per curiam)(unreported). State , 913 S.E.2d

Evidence

Evidence Witnesses Forensic Evidence Technology

Protecting the Judiciary and the Rule of Law – Frivolous Articles to Impeach Federal Judge Filed

E-Discovery LLC

FEBRUARY 22, 2025

They did not reach agreement on another issue and litigated it. 1] After briefing and review of defense affidavits, none of which were available to Judge Engelmayer, the States narrowed their requested injunction. 2025 WL 455406 at *2. Grimm Regarding Threats and Attacks on Judges (Feb. 11, 2025)(Emphasis added). Thats not political.

Affidavits

Affidavits Evidence Litigation Witnesses

The Rise of “Post-Truth” Litigation: ALM’s Isha Marathe on How Deep Fakes Threaten the Legal System (TGIR Ep. 209)

3 Geeks and a Law Blog

JUNE 28, 2023

Isha Marathe , a tech reporter for American Lawyer Media, joined the podcast to discuss her recent article on how deep fake technology is coming to litigation and whether the legal system is prepared. E-discovery professionals are on the front lines of detecting deep fakes used as evidence, according to Marathe. free registration req.)

Litigation

Litigation Education Evidence Technology

Trial Strategy Today

Discovery 101 – Court Sets Out Ground Rules to Resolve Discovery Dispute

Decision on How to Best Search for ESI – Court Orders ESI Protocol in “Epic of Dysfunctional Discovery,” With Unique Clawback Provision

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Trending Sources

Non-Party Law Firm Ordered to Provide Defaulting Client’s Affidavit to Support Claim of Client’s Privilege

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Protective Order Barring Use of Discovery Materials in Other Litigation Was Vacated

Privilege Log Deemed Partially Inadequate

“Heartless” Ex Parte Motion for Sanctions Denied Because There Was No “Fire”

Two Recent Decisions Imposing Sanctions for Discovery Failures

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

No Privilege Log is Necessary in Limited Circumstances When Discovery Requests Are Overbroad

Golden Oldie #2 – 40 Hours of Searching is Enough

Request to Appoint Neutral Forensic Expert Denied as Speculative and Unsupported

How Not to Conduct a Meet and Confer or Comply With an ESI Protocol

Requesting Parties Are Denied “Input” Into Producing Party’s Search Terms

Golden Oldie #6 – Four Historical Search Decisions

“Order on Proposed ESI Order” – Is There a Better Mousetrap?

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

Best Evidence Rule Requires Post-Level Collection for Social Media Evidence

New Jersey Decision Permits Geofence Warrants Upon a Proper Predicate

Protecting the Judiciary and the Rule of Law – Frivolous Articles to Impeach Federal Judge Filed

The Rise of “Post-Truth” Litigation: ALM’s Isha Marathe on How Deep Fakes Threaten the Legal System (TGIR Ep. 209)

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