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. The Ninth Circuit wrote: It is “well-established” in our case law that discovery is “presumptively public.” Stemilt AG Services, LLC, __ F. 4 th __, 2025 WL 1902292 (9 th Cir.

Discovery

E-Discovery LLC

JULY 1, 2025

Once that was done, the requesting party could identify three more, “subject to limited objections.” It is also not clear to me which party carried the burden of proof under the “apex doctrine.” One recent case placed the burden on the party claiming an exception to the doctrine. 2025 WL 176001, at n. emphasis added).

Objections

E-Discovery LLC

JUNE 20, 2024

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. Plaintiff objected, asserting attorney-client privilege, joint prosecution privilege, common interest privilege, and the attorney work-product doctrine.

Privileged Communication

E-Discovery LLC

MAY 20, 2025

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.

Depositions

CaseFox

DECEMBER 21, 2023

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.”

Litigation

Plaintiff Trial Lawyer Tips

NOVEMBER 17, 2024

The reality is that a jury, following the jury instructions can find significant negligent conduct they object to, but conclude it did not cause the harm plaintiff is complaining about. 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.

Burden Of Proof

E-Discovery LLC

NOVEMBER 29, 2024

Discovery had been conducted for almost a year and the deadlines extended three times. Plaintiff seeks limited discovery regarding the missing documents and a negative inference jury instruction regarding the contents of Vanderpool’s and Dupree’s personnel files and the missing emails. 25, 2024)(Sullivan, J.),

Burden Of Proof