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

E-Discovery LLC

A protective order barring post-settlement use by plaintiffs’ counsel of defendant’s discovery responses in other litigation was vacated in Cordero v. We therefore conclude that the district court erred in thus restricting Columbia’s use of information and documents obtained in this litigation. Stemilt AG Services, LLC, __ F.

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Standard for Court-Ordered Forensic Examinations – When Does Misconduct “Cross the Rubicon”?

E-Discovery LLC

The court continued: This honor system for discovery works in the overwhelming majority of cases, but the word of a litigation opponent is not sufficient in every case. THE STANDARD AND BURDEN OF PROOF FOR FORENSIC TESTING The court held that Fed.R.Civ.P. 2] The burden of proof is on the party seeking the forensic examination.

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Based on the ESI Protocol, the Limiting “Apex Deposition” Doctrine Applied to Objections to the Designation of a Document Custodian

E-Discovery LLC

A motion to compel the designation of an “apex” non-party document custodian was granted in In Re Mosaic LLM Litigation , 2025 WL 176001 (N.D. In Re Mosaic LLM Litig., It is also not clear to me which party carried the burden of proof under the “apex doctrine.” 2025 WL 1755650, at *1 (N.D. June 25, 2025).

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If the Shoe Doesn't Fit, Don't Wear It - Court Offers Split Decision on Dismissal Motion by Crocs

Practice of Law

Judge Tina Thompson ruled that the plaintiffs' allegations of fraud hadn't met the burden of proof required to continue and that some members of the suit had signed on after the statutes of limitations had passed in some states.

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PROVING THINGS 266: THE BURDEN OF PROOF, HEARSAY EVIDENCE AND WHEN EVIDENCE IS NOT “EXPERT EVIDENCE”: ALSO THE IMPORTANCE OF SERVING A NOTICE OF NON-AUTHENTICITY

Civil Litigation Brief

We are looking, again, at a case where there were issues as to evidence. Part of the defendant's case was that the evidence was not admissible or was hearsay. The defendant's arguments did not prosper. Hearsay is admissible, the real.

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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. Some Tactical Options for Businesses Faced With Pre-Litigation Preservation Demands (Jan.

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Beyond the Bar Number > Marty Strelecky

WA Bar News

Although not as glamorous as high-stakes litigation, we solve problems and help real estate markets trade more efficiently and with less risk. It relies on the presumption of innocence, the government’s burden of proof, the right to a jury trial, and the assistance of counsel. What attracted you to the practice of law?