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Self-Collection, Discovery About Discovery, and Curative Sanctions

E-Discovery LLC

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. It insists that it is not conducting unchecked discovery.” See The Hon.

Discovery 130
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Pro Se Renewed Motion for Sanctions is Denied

E-Discovery LLC

It wrote: The Court has ordered production of the redacted materials, which has been completed and, as the pending motion and exhibits thereto make clear, Mr. Adams-Devonish now has the benefit of the discovery he sought. Second , the movant failed to carry the burden of proof under Fed.R.Civ.P.

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“Apex” Depositions of High Government Officials Under the “Morgan” Doctrine

E-Discovery LLC

When ruling on protective orders for executive depositions, courts generally ask whether: (1) the official has unique personal knowledge of the disputed matter; (2) the information can be collected through less intrusive discovery methods; and (3) the deposition unduly interferes with the officer’s professional duties. Johnson , 199 Md.

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When is a Categorical Privilege Log Insufficient?

E-Discovery LLC

Managing E-Discovery and ESI: From Pre-Litigation Through Trial” (ABA 2011), 355-58. Two defendants sought discovery of communications between the plaintiff and the government. The court noted that the party invoking privilege has the burden of proof and that privileges are construed narrowly. 17, 2021). Berman, et al.,

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CONSIDER A TRIAL CHECKLIST

Plaintiff Trial Lawyer Tips

THREE PRIMARY DEFENSE CLAIMS __ __ __ PLAINTIFF PROOF OF CAUSATION __ DEFENDANT CAUSATION DEFENSE _ PRELIMINARY STATUS REVIEW  Review local rules regarding deadlines and requirements DISCOVERY REVIEW Interrogatories  Review defendant’s answers to interrogatories. Note incomplete answers for motion.

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Decoding Justice: Key Differences Between Civil and Criminal Litigation

CaseFox

Discovery is the process by which parties exchange information and evidence. The Burden of Proof : This refers to the responsibility that the plaintiff (the party bringing the case) must demonstrate sufficient evidence of their claims. It’s also described as the “balance of probabilities.”

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DON’T WIN THE BATTLE BUT LOSE THE WAR OVER CAUSATION AS A TRIAL ISSUE

Plaintiff Trial Lawyer Tips

He is so shocked at the discovery he faints. Review the law with the jury that proof of causation is only to show it is more likely true than not true. Consider a PowerPoint with “Burden of Proof” at top. One tipped 100% another 75% and another 51% At bottom, the proof required is more likely than not.