The Marshall Project

JUNE 26, 2025

Supreme Court ruled in Ring v. The decision led the Missouri Supreme Court to overturn several judge-imposed death sentences. That mitigating evidence could have tipped the scales when the jury couldn’t agree. The 8th Circuit Court of Appeals later overturned the 2016 decision.

Opening Statement

E-Discovery LLC

JUNE 28, 2025

The Court affirmed the holding that the asserted prejudice from the failure to produce was insufficient to support exclusion of the evidence. Johnson] intended to introduce the photos into evidence’ at trial.” Where there is a failure of discovery, a court “may enter such orders in regard to the failure as are just….”

Discovery

Joseph, Hollander & Craft

JULY 10, 2025

A Brief Overview of Missouri’s Child Support Model Missouri family courts determine a parent’s monthly obligation by using a child support calculator which incorporates a number of statutory factors and references child support guidelines established by Missouri Supreme Court rule.

Finance and Banking

E-Discovery LLC

AUGUST 1, 2025

In my view, the trial court got it right.” Pattison seeks to transform an after-the-fact cover letter – excluded from evidence as hearsay – into a condition precedent to contract formation. He later sought to enforce the agreement. His spouse replied that the agreement had not been timely accepted and was a nullity.

Discovery

Complex Discovery

SEPTEMBER 11, 2024

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. John Tunheim, delves into how the judiciary can prepare for the impact of AI-manipulated evidence. Grimm (ret.),

Evidence

Insurance Journal

APRIL 3, 2025

Key Insurance, a Kansas-based insurer specializing in non-standard auto, was placed into liquidation this week after a court ruled the company insolvent. The Shawnee County District Court ordered the liquidation of Key on March 31 after reviewing significant evidence that …

Insurance

E-Discovery LLC

JANUARY 31, 2025

The Jennings court discussed a series of discovery events, and added: The parties should be proactive in following-up with their discovery so as not to run into conflicts with the discovery cutoff. In one recent decision, a court wrote that it would be in the parties interest to reach a negotiated result.

Discovery

Next Generation E-Discovery Law & Tech Blog

AUGUST 30, 2023

By John Patzakis The Best Evidence Rule, as codified in Federal Rule of Evidence 1002, provides that an original writing, recording, or photograph is required to prove the contents of the document. A case out of the federal courts in Texas addressed this issue head on.

Evidence

E-Discovery LLC

MAY 23, 2025

It noted that the party moving to compel has the initial burden of demonstrating relevance, while the party opposing discovery has the burden of showing that discovery should not be allowed, and also has the burden of clarifying, explaining and supporting its objections with competent evidence. at *2 (quotations and citations omitted).

Discovery

IP Watchdog

AUGUST 19, 2021

Court of Appeals for the Federal Circuit issued a precedential decision in Hyatt v. Hirshfeld (Hyatt II), the latest in a line of court rulings regarding a series of much maligned patent applications filed by prolific inventor Gil Hyatt with the U.S. On August 18, the U.S. Patent and Trademark Office (USPTO) in the 1990s.

Witnesses

Evidence at Trial

DECEMBER 17, 2021

California's secondary evidence rule (Cal. Code §§ 1521 - 1523) provides a commonsense approach that begins with a simple general rule: "The content of a writing may be proved by otherwise admissible secondary evidence." Crown appealed the trial court's ruling, and the Court of Appeal affirmed.

Evidence

E-Discovery LLC

MAY 18, 2025

The Court appears to have applied that standard to both Rule 37(e)(1) and 37(e)(2). The Court concluded: Viewing Mr. Adams-Devonish’s spoliation allegations under this rubric, it is evident that sanctions are not warranted. and the Court ruled on May 15th.

Burden Of Proof

E-Discovery LLC

MARCH 6, 2025

Uber also presents evidence that currently the production of hyperlinked non-Google Drive documents is not technologically feasible at scale. Plaintiffs did not dispute the evidence. The goal of document production, including production of ESI, is to develop admissible evidence for use at trial. Lorraine v. 534, 538 (D.

Technology

E-Discovery LLC

FEBRUARY 23, 2025

22 asked: Identify each and every DOCUMENT or other piece of tangible evidence relevant to Plaintiff’s claims and Defendants’ defenses which has been lost, destroyed, or cannot be found. The Li court ruled that: The [court] GRANTS Defendants’ motion to compel and ORDERS Plaintiff to answer these rogs.

Discovery

E-Discovery LLC

MAY 30, 2025

There is no evidence that defendants lost any relevant text messages by restoring Gibsons and Dooriss phones to factory settings. Summary judgment was granted for the Coast Guard on that issue: Gibsons decision to disenroll Wenzler from the Auxiliary was not arbitrary and capricious and was supported by substantial evidence.

Cross-Complaint

E-Discovery LLC

MARCH 13, 2025

Defendants moved to stay discovery and asserted that courts stay discovery pending a fully dispositive motion, finding that judicial economy, the balance of hardships and equitable interests, and the lack of undue prejudice on nonmovants weigh in favor of a stay. cleaned up; citations omitted].

Discovery

Practice of Law

SEPTEMBER 5, 2024

Let’s look at how prosecutors got evidence against them before diving into the appeal. Cloud Under Investigation Cloud was implicated in drug dealing through a series of investigative actions and evidence. Rap Lyrics Introduced as Evidence Watkins's wife, Kizzy Childs, testified at trial about the defendant’s good character.

Evidence

E-Discovery LLC

APRIL 16, 2025

In Thompson II , certain defendants failed fully to produce emails after the Court ruled 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.

Discovery

E-Discovery LLC

MAY 17, 2025

As noted, after the court ruled, the City Defendants objected to the Magistrate Judges decision. The court wrote that the City Defendants objected to the wholesale adoption of plaintiffs [sic] proposed ESI Order without decision or explanation even though the protocol suffers from several asserted errors. Emphasis added].

Objections

Discovery Advocate

JUNE 7, 2023

Even where a court rules that a company does not have possession, custody or control of an employee’s text messages pursuant to its BYOD policy or other factors, those text messages still may be discoverable through a subpoena to the employee directly.

Subpoenas

Discovery Advocate

JUNE 8, 2023

Even where a court rules that a company does not have possession, custody or control of an employee’s text messages pursuant to its BYOD policy or other factors, those text messages still may be discoverable through a subpoena to the employee directly.

Subpoenas

Securities Docket

OCTOBER 7, 2024

An SEC enforcement action against two financial firms and their managers over more than a billion dollars in investment losses raises factual issues about that must be decided by a jury, a federal court ruled. Harjani said Thursday for the US District Court for the Northern District of Illinois.

Court Rules

E-Discovery LLC

MAY 22, 2025

In NJ Court Rules 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. No DNA, fingerprint, or other forensic evidence was recovered from which to identify a suspect. citing Jones v.

Evidence

E-Discovery LLC

FEBRUARY 21, 2025

As to one document, the Courts review of the substance of each of the redacted paragraphs makes clear that the letter involves the application of legal principles relevant to discovery and evidence preservation to guide the future conduct of Defendants. Doug also posted: Discovery on Discovery Not Warranted, Court Rules (Aug.

Discovery

WA Bar News

JULY 10, 2024

In adjudicating the motion, the trial court was to determine whether the claim was based on an action involving public participation and petition. If so, the court then decided whether the plaintiff could prove by clear and convincing evidence a probability of prevailing on the claim. RCW 4.105.020(1). RCW 4.105.050.

Discovery

Complex Discovery

JULY 9, 2024

Coinbase has also filed additional legal actions against the SEC and the Federal Deposit Insurance Corporation, seeking compliance with Freedom of Information Act requests related to cryptocurrency rule-making.

Defense Strategy

E-Discovery LLC

APRIL 2, 2025

I see three takeaways from the courts decision. The courts expertise in ESI issues, for example, protocol design, is clearly evident. When parties cannot agree, a court may find itself in the uncomfortable position of having to impose a methodology. A similar principle was stated in Fleury v. 2024 WL 1620613 (N.D.

Discovery

E-Discovery LLC

MARCH 26, 2025

It is evident that, in this case, Attorney XXXX has ignored his duty to refrain from discovery efforts that are unreasonable or unduly burdensome or expensive in the context of these proportionality factors.

Discovery

Expert Witness Blog

MAY 13, 2024

The court states that two of his opinions (that there is no evidence of discrimination by the defendant and that same-day interpretive services are not reasonable) are excluded because these are legal opinions. Also, the court opines that two other of Mr.

Witnesses

SW&L Attorneys Blog

NOVEMBER 8, 2024

The court ruled this as fraudulent and restored the assets to the marital estate, prioritizing the wife’s right to an equitable division of property. Johnson , the court awarded attorney’s fees due to one party’s financial concealment and subversion of the legal process, which prolonged litigation unnecessarily.

Finance and Banking

Practice of Law

OCTOBER 11, 2024

She first presented a sufficiency-of-the-evidence argument, claiming that the prosecution had not submitted enough evidence to the court to show that she had violated the law. The court will also consider whether the law is applied equally to men and women, addressing potential constitutional issues of equal protection.

Evidence

WA Bar News

JUNE 11, 2024

should not be considered as evidence. a) prohibits a lawyer from using “means that have no substantial purpose other than to embarrass, delay, or burden a third person, or use methods of obtaining evidence that violate the legal rights of such a person.” Turner, 5 Washington Practice, Evidence Law and Practice § 103.8 (6th

Depositions

Next Generation E-Discovery Law & Tech Blog

SEPTEMBER 11, 2024

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. The Court criticized Arch Insurance’s handling of the ESI search, describing the delay as indicative of “counsel’s disdain” for its discovery obligations.

Insurance

Complex Discovery

APRIL 8, 2025

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. 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.

Digital Evidence

Complex Discovery

OCTOBER 21, 2024

Evidence collection in such environments can be complicated by government intervention, surveillance, or manipulation of digital content. In the realm of eDiscovery, the report underscores the growing difficulties in cross-border investigations, particularly in countries where online activity is heavily monitored or censored.

Telecommunications

WA Bar News

SEPTEMBER 11, 2024

Recommendation : There is some uncertainty (until a Washington appellate court rules) about what can be waived in the statute as well as how to properly waive it. Examples include quick rulings on matters like schedule changes or extracurricular activities, where parents seeking the decision may not need or want formal confirmation.

Arbitration

WA Bar News

APRIL 14, 2025

Here at home, GR 40 created Washingtons Informal Family Law Trials, which allow family law parties to opt out of traditional evidence and procedure rules, simplifying the process and making it more accessible for self-represented individuals. Help courts experiment with remote proceedings even if you dont mind going to the courthouse.

Court Rules