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. __, 2025 WL 1540660 (May 30, 2025), the defendant City claimed unfair surprise when plaintiff sought to introduce at trial photographs that the City had taken, but which plaintiff had not disclosed in discovery. In discovery, defendant asked for all photos, and any documents on which plaintiff intended to rely on at trial.
By definition, a litigation hold notice is a communication from an attorney to a client regarding the duty to preserve potentially responsive information. [1] 7, 2025), the court held that litigation hold notices were privileged. DISCOVERY OF LITIGATION HOLD NOTICES HAS LONG BEEN AN ISSUE. 1] In Homeland Ins.
Defendants moved to stay all discovery deadlines pending a resolution of their motion to compel arbitration and for a stay pending arbitration. The motion to stay discovery was granted. The Court wrote that: It is axiomatic that district courts enjoy substantial discretion in managing discovery. 26(c)(1)(A)-(B).
These include statutes of limitation for filing a case, deadlines for filing motions, preparing for hearings, producing documents in litigationdiscovery or responding to a summary judgment. The Solution: Integrated CourtRules. Today law firms have multiple options for automated rules and calendar management.
When they were unable to do so, they submitted competing suggestions, and, the United States Magistrate Judge then issued a Protocol and Order Governing Discovery (the ESI Order) establishing such a protocol. As noted, after the courtruled, the City Defendants objected to the Magistrate Judges decision. Emphasis added].
In Thompson II , certain defendants failed fully to produce emails after the Courtruled that they were discoverable. The Court entered one that would conditionally preclude defendants from calling certain witnesses unless they could demonstrate that the witness had not sent or received responsive emails. Emphasis added].
20, 2025), the court wrote: From the inception of this action, Counsel for the parties could not agree on the scope and methodology for ESI discovery. Second , plaintiffs service of a mandatory discovery plan was held to show a lack of cooperation. 26(f) requires a conference of the parties to discuss a discovery plan.
One problem with ESI Protocols, and one of their advantages , is that – – unlike a discovery plan – – the term ESI Protocol is not defined anywhere. Discovery Plan (Jan. Many (like me) agree with Kelly Twigger that: An ESI protocol is your roadmap to handling ESI issues in any litigation. ESI Protocol v.
In response, I have published multiple blogs echoing Judge Grimm: Protecting the Judiciary E-Discovery LLC (Jan. 30, 2025); Marylands Protection of the Judiciary E-Discovery LLC (Apr. 10, 2024); American Bar Association Statement on Threats Against the Judiciary E-Discovery LLC (Apr. Americans expect no less.
In re Pork Antitrust Litig. , 31, 2022) Practical Insight Reliance on an employee’s general statement that they do not use text messages for work-related matters may not be sufficient to rule out their device as a potential source of discoverable data. In In re Pork Antitrust Litig. , 18-cv-2022 WL 972401 (D.
In re Pork Antitrust Litig. , 31, 2022) Practical Insight Reliance on an employee’s general statement that they do not use text messages for work-related matters may not be sufficient to rule out their device as a potential source of discoverable data. In In re Pork Antitrust Litig. , 18-cv-2022 WL 972401 (D.
The court wrote that: The Document Requests called for Bedford to produce documents in a specified format consistent with the Stipulated Protective Order and the E-Discovery Stipulation and to provide specified information regarding responsive documents that were destroyed, lost or otherwise unavailable (“destruction/ unavailable log).
Passenger Sexual Assault Litigation , 2025 WL 678543 (Mar. 3, 2025), the court issued another hyperlinked document discovery decision arising out of the parties ESI Protocol. One More Thing to Consider Discovery is not an end to itself. In In Re: Uber Technologies, Inc. Emphasis added].
July 31, 2024), the court resolved two disputes over an ESI Protocol, writing: “As to the first category of disagreement, the Parties have found themselves at an impasse as to the proper number of document custodians to be set forth in the ESI protocol.” “The Discovery Plan” (Jan. That category contained several subcategories.
This article discusses Washington state’s initial, constitutionally flawed effort to protect public speech, its enactment in 2021 of the Uniform Public Expression Protection Act (UPEPA), process under the UPEPA, and several recent Washington appellate court decisions applying the UPEPA. Expression Prot. Act prefatory note intro.,
If the subpoena issued is in federal litigation, your company is likely responsible for the cost of compliance, especially if it has a connection to the litigation. 23, 2015) the court observed that responding parties presumptively bear the expense of complying with discovery requests unless the expense is “significant.”
But Gibson and Dooris say that, shortly after Wenzler brought this action, they searched their work cellphones in response to litigation holds for text messages related to Wenzlers disenrollment, and that those searches revealed no related substantive text messages. It also held that certain documents were privileged. [2]
From navigating convoluted regulatory frameworks to managing extensive discovery processes, the reality of litigation can overwhelm even the most prepared enterprises. If you have any questions about setting up an entity or need a litigator for your entity, our team at SW&L Attorneys can help guide you through the process.
Understanding how courts may handle AI-generated evidence will be crucial for those responsible for managing digital content, ensuring data integrity, and navigating complex litigation involving digital forensics. The discovery process must now account for the possibility that documents, videos, or audio evidence may be AI-generated.
Supreme Court today granted a request by the U.S. Nealy, which challenges a circuit courtruling that, under the discovery accrual rule, monetary damages for infringement under the Copyright Act are available for acts occurring outside of the Copyright Act’s three-year statute of limitations.
By following its details closely, we can begin to unravel the strategic importance of judicial research and analytics for civil litigation at the state trial court level. In response to this discovery, the Los Angeles County Board of Supervisors voted unanimously to return the land to the Bruce family. This case is instructive.
Supreme Court to protect its corporate records from disclosure, citing a lower courtruling that challenges the sanctity of attorney-client privilege. Circuit Court of Appeals’ February decision that deemed AbbVie’s patent litigation against Perrigo a “sham.” has petitioned the U.S.
This article unpacks how Nokia leveraged its IP portfolio to challenge Amazons use of video streaming and cloud technologies, leading to a wave of litigation. For eDiscovery experts, the case illustrates the complex intersection of digital evidence, cross-border discovery, and the expanding scope of patent enforcement in cloud environments.
Junior State of America Foundation , is a civil litigation matter involving the intentional destruction (spoliation) of social media evidence. The courtruled that the metadata and full context of the native files were essential to satisfy the Best Evidence Rule.
First, by focusing on these two areas, I definitely do not imply that these are the only issues that can arise in either depositions or discovery more broadly. 9 Washington’s appellate courts have also long spoken to the need to “play fair” in discovery generally and with witness testimony in particular. Washington RPC 4.4(a)
Questa Discovery Questa Discovery makes high-speed processing of large data sets of e-discovery with efficient data indexing available to small and medium size companies. Steno Litigation expenses can often stress small and medium-sized law firms. No confidential data is ever input.
In its first eDiscovery failing, Arch Insurance did not issue a litigation hold until four years after having constructive notice of the claim. Employees at Arch Insurance identified relevant ESI, but due to what the court identified as a lack of supervision by counsel, critical potential evidence was mishandled.
THESE NOTICES OF THE IMPOSITION OF DISCIPLINARY SANCTIONS AND ACTIONS are published pursuant to Rule 3.5(c) c) of the Washington Supreme CourtRules for Enforcement of Lawyer Conduct. The lawyers conduct violated the following Rules of Professional Conduct: 1.3 Expediting Litigation) , 3.3 Diligence) , 1.4
In NJ CourtRules Police Geofence Warrants Are Constitutional (Bloomberg Law May 20, 2025), Alex Ebert reported that a New Jersey intermediate appellate court upheld a geofence warrant, within specified limits. This has generated a lot litigation over them. May 20, 2025)(per curiam)(unreported). For example: Jones v.
AI technology has become essential for the operation of e-discovery managed document reviews and data searches over the past two decades. Every case being litigated in the world today is necessarily an e-discovery case. At least it won’t do so yet. Hint: Be Afraid)”.
It's a valuable tool during the case analysis phase, providing the groundwork for your litigation strategy. 4 Streamlining Case Law Research Prompt: "Summarize the following recent Federal Circuit Courtrulings on the Fourth Amendment search and seizure doctrine, focusing on decisions involving digital privacy issues.
E-discovery. The third category of legal tech features specialized litigation solutions and case analysis tools. They can be used to support or replace lawyers who perform core tasks in litigation cases and transactions. . Invoicing and billing software . Legal accounting software . Client intake and lead management software.
THESE NOTICES OF THE IMPOSITION OF DISCIPLINARY SANCTIONS AND ACTIONS are published pursuant to Rule 3.5(c) c) of the Washington Supreme CourtRules for Enforcement of Lawyer Conduct. The lawyer’s conduct violated the following Rules of Professional Conduct: 1.3 Expediting Litigation), 3.3 Diligence), 1.4
Fucile In the course of a case, litigators typically make all sorts of statements to courts on the facts and the law. 1 In other situations, however, litigators make specific representations of fact or law based on personal knowledge. 2 Some are in briefs, while others are made in open court. 2d 601, 613-14, 98 P.3d
Washington’s UFLAA is designed to offer parties in family law cases—such as divorce, child custody, and child support disputes—a more efficient and cost-effective alternative to traditional litigation. The Act provides for selection and immunity of arbitrators, discovery protocols, attorney fees, and fair and expeditious resolutions.
Here’s good news: There are now a variety of cutting-edge cloud-based tools available for litigators, ranging from software designed to streamline the pre-trial process to mobile apps created for use in the courtroom. This is because deadlines are an inescapable part of your practice if you’re a litigator.
In this unreported decision, the Court addressed a novel [1] Maryland issue where out-of-State decisions were mixed. The issue was whether a subsequent family law settlement agreement that did not expressly reserve a claim to attorneys fees for discovery violations waived that claim when the trial court had reserved ruling on it.
19, 2025)(Emphasis added), the court wrote: Throughout his responses, Canales objects to OPWs requests on the ground that they are not reasonably calculated to lead to the discovery of admissible evidence. See Reasonably Calculated to Lead to Discovery of Admissible Evidence (Nov. Rule 33 Advisory Comm. accord Avila v.
Justice Markovic recently presided over an application for preliminary discovery that was sought after allegedly counterfeit MANOLO BLAHNIK shoes were found to be sold in a Sydney boutique store. No progress was made after several rounds of correspondence between lawyers, which led to the commencement of proceedings seeking discovery.
Stuart, “Privacy in Discovery After Dobbs,” 26 Va. However, it would seem more than anomalous for a court to sanction a litigant for quoting or referring to a court’s decision. And, if the “no citation rule” has no teeth, why is it a rule? & Tech. State, 358 Md. Castle Dev. 90, 96 (1997). & Proc.
The repercussions of using non-court information during deliberations cannot be overemphasized. Litigants expect a fair trial, and introducing external evidence violates this expectation. The discovery of juror impropriety can lead to appeals, increasing the complexity and duration of legal proceedings.
The repercussions of using non-court information during deliberations cannot be overemphasized. Litigants expect a fair trial, and introducing external evidence violates this expectation. The discovery of juror impropriety can lead to appeals, increasing the complexity and duration of legal proceedings.
The court wrote: This dispute centers on [the] discovery process, specifically repeated instances of non-compliance with the Court’s Orders governing the disclosure and use of discovery material. She also disclosed details about the scope of her alleged breach for the first time. …
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