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Discovery 101 – Court Sets Out Ground Rules to Resolve Discovery Dispute

E-Discovery LLC

clearly sets out a series of rules governing discovery disputes. At a status conference, each party asserted that the other had not adequately responded to discovery requests. This blog was initially posted on Electronic Discovery Reference Model. _ [1] For more information on Rule 26(g), see Golden Oldie #5 – Fed.R.Civ.P.

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Sanctions Denied Because of Lack of Prejudice, Despite Breach of Duty to Preserve Video

E-Discovery LLC

WMATA moved for summary judgment based on the lack of expert testimony. Furthermore, even if she had shown that the footage had been favorable, the Court held that it would not have cured her failure to establish the applicable standard of care through expert testimony. In response, Ms. 6, 2024), citing Wall v.

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Initial Disclosures Cannot Await Expert Opinions

E-Discovery LLC

It has also generated a cottage industry of discovery decisions. Westlaw lists 13 decisions (not all on discovery) since February 2025. The court wrote: Although Lively’s damages may depend largely on expert discovery, this does not relieve her of the obligation to comply with Rule 26. [C]ourts 8, 2025).

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Non-Testifying Consultant Subject to Discovery Where Testifying Expert Relied on Consultant’s Work

E-Discovery LLC

26(a)(2) governs discovery of expert testimony. For a testifying expert, one disclosable matter is the basis, facts, and data considered by the expert in forming an opinion. Tesla moved to compel the whole ball of wax identity, a deposition, all documents and communications, invoices, etc. Fed.R.Civ.P.

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Sanctions for Failure to Comply With a Scheduling Order That Set Discovery Milestones

E-Discovery LLC

13, 2025)(unreported), [1] sanctions were imposed for failure to comply with discovery milestones in a scheduling order. Further: Where the asserted scheduling order violation involves a discovery failure, the trial court has wide discretion to determine what sanction, if any, is appropriate. Hyde , 2025 WL 79685 (Appl. July 9, 2023).

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Request to Appoint Neutral Forensic Expert Denied as Speculative and Unsupported

E-Discovery LLC

24, 2025), the court imposed sanctions on a pro se litigant who, in the courts words, has engaged in unseemly behavior towards counsel as well as improper discovery litigation. In part, Mr. Rivera filed a motion to To obtain the appointment of a neutral expert in computer forensics. Rivera was filing meritless discovery motions.

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Relative Proportionality Argument Rejected

E-Discovery LLC

One of three defendants contended that the discovery propounded on it was not proportional because it was the least culpable of the three. Plaintiffs sought discovery “relat[ing] to other incidents involving Wiegand mountain coasters at Wisp Resort and elsewhere.” That is a very rigorous process, often necessitating expert testimony.