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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. That duty arises “when a party reasonably should know that the evidence may be relevant to anticipated litigation.” Id. In Bistrian , one litigant argued “that the video footage does not qualify as ESI.” In response, Ms. Moore’s injuries.

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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. Contextually, the litigation has been described in popular media. 17, 2025), involves a lot of money. For blogs on some of them, please see “It Ends With Us” (Apr. 14, 2025); I. 354, 359 (D.

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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. The principal function of a scheduling order is to move the case efficiently through the litigation process by setting specific dates or time limits for anticipated litigation events to occur. July 9, 2023).

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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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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. In Rivera v. LEXIS 121277, at *11 (D.

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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.