E-Discovery LLC

OCTOBER 22, 2024

The State’s newly-minted objections to the deposition topics come far too late , and are not persuasive.” NNI argued that Washington reneged and, as evidence, pointed to Washington allegedly “ignoring” its letter. Washington’s “newly-minted” objection asserted that “the entire notice is overbroad and unduly burdensome….”

Objections 130

Objections Depositions Discovery Witnesses 130

E-Discovery LLC

FEBRUARY 21, 2025

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. Defendants objected. DISCOVERY OF LITIGATION HOLD NOTICES HAS LONG BEEN AN ISSUE. Grimm (ret.)

Discovery 130

Discovery Litigation Privileged Communication Court Rules 130

E-Discovery LLC

JUNE 10, 2025

It prevailed because its attorneys did their homework and supported their litigation position with facts. Interestingly, this is the same type of evidence produced two decades ago in the seminal Zubulake case. Then, the EEOC will have two weeks for any remaining objections. Mia Aesthetics Clinic ATL, LLC , No. Zubulake (Aug.

Discovery 130

Discovery Exhibits Precedent Evidence 130

Newport Beach California Business Litigation Law B

FEBRUARY 12, 2025

When attorneys fail to meet their obligations, it can result in major financial losses, such as significant revenue decline or business closure due to costly litigation or a damaged business reputation. If you are a business owner, what evidence do you need to confirm that legal malpractice caused your business to suffer losses?

Evidence 97

Evidence Expert Testimony Objections Litigation 97

E-Discovery LLC

OCTOBER 2, 2024

Defendant Hirschbach added the following to its work product objection: Beyond this, Hirschbach objects to this request because it is overbroad, vague and ambiguous. Plaintiff responded that the videos were not created in anticipation of litigation and therefore they are not protected work product.

Admissibility 130

Admissibility Discovery Objections Interrogatories 130

E-Discovery LLC

AUGUST 16, 2024

In the latest iteration of In Re StubHub Refund Litigation , 2024 WL 3817068 (N.D. This is adversarial litigation, and there need to be clearly understood responsibilities. You can move your opponent’s rog responses in evidence as the statement of a party opponent because your opponent said those facts are true. emphasis added].

Discovery 130

Discovery Interrogatories Depositions Litigation 130

Planet Depos

JUNE 17, 2025

Deposition (law) A deposition is the act of taking sworn testimony whereby litigants obtain information from each other in preparation for trial. Listen to any objection by your lawyer but understand your lawyer cannot use objections to “coach” you how to answer the question. What is a deposition?

Depositions 78

Depositions Witnesses Objections Cross-Examination 78

E-Discovery LLC

AUGUST 31, 2024

499 (2024), addressed introduction of a “composite” video as summary evidence and the use of police officers’ testimony describing it. Maps of the neighborhoods were admitted into evidence, showing the locations of the cameras by number and direction each camera was facing. The court admitted the composite video over objection.

Admissibility 130

Admissibility Exhibits Evidence Cross-Examination 130

E-Discovery LLC

MAY 11, 2025

Defendants, Nike and Converse, filed a motion requesting a determination that plaintiff Valmarc d/b/a Vi3 had spoliated evidence. The court wrote that: Defendants allege that Vi3 intentionally deleted seven employees email accounts that contained relevant evidence shortly before filing this action.

Discovery 130

Discovery Litigation Evidence Admissibility 130

E-Discovery LLC

APRIL 4, 2025

the Court set out and applied the principles governing subpoenas and objections to them. The Court explained the dispute: Mr. Hall alleges that BPD and three former officersDonald Licato, Frank Barlow, and John Barrickconcealed exculpatory evidence and coerced false witness testimony during Plaintiffs 1992 murder trial.

Subpoenas 130

Subpoenas Discovery Objections Witnesses 130

E-Discovery LLC

JULY 9, 2024

An in camera review is not appropriate merely because a party objects to assertions of privilege. And, a mere objection, or even a suspicion, is not a basis upon which the parties can shift a burden to the Court that they should bear themselves. For example, a “knee-jerk, boilerplate objection about undue burden,” has failed.

Objections 130

Objections Discovery Litigation Evidence 130

E-Discovery LLC

APRIL 16, 2025

Discovery issues included, without limitation, whether email was discoverable, the late production by defendants of 80,000 responsive emails, proportionality, and a condemnation of boilerplate objections (called ipse dixit objections). Emphasis added]. History is important. For example, Thompson II was recently cited in Hargis v.

Discovery 130

Discovery Litigation Witnesses Objections 130

E-Discovery LLC

AUGUST 21, 2024

Rather, a party seeking spoliation sanctions must establish that the party with the evidence had an obligation to preserve it. Thus, on or about November 20, 2017 is the first date that Defendant had an obligation to preserve evidence.” 9, 2021); Maryland’s High Court Affirms Sanction for Spoliation of Video Evidence (Jan.

Evidence 130

Evidence Discovery Objections Litigation 130

E-Discovery LLC

SEPTEMBER 4, 2024

Discovery is the lawyer’s x-ray: “Discovery procedure serves much the same function in the field of law as the X-ray in the field of medicine and surgery; and if its use can be sufficiently extended and its methods simplified, litigation will largely cease to be a game of chance.” 691, 717 (1998)(citation omitted). Rodriguez v. 7, 2022).

Discovery 130

Discovery Objections Evidence Litigation 130

E-Discovery LLC

MARCH 8, 2025

Some litigants have refused to enter into ESI Protocols, or refused to agree to incorporate a contractual protocol into a court order, out of concern that a future failure to comply would lead to sanctions. The court wrote that it then adopted Defendants protocol [as an order] and no objection to that order was filed. Emphasis added].

Discovery 130

Discovery Objections Interrogatories Litigation 130

E-Discovery LLC

DECEMBER 21, 2024

Boilerplate Objections Are Generally Condemned; Except When Theyre Not Citing the Correct Subsection of Fed.R.Evid. Boilerplate Objections Are Generally Condemned; Except When Theyre Not Citing the Correct Subsection of Fed.R.Evid. Can a witness authenticate a video if the video contains images that the witness did not see?

Admissibility 130

Admissibility Witnesses Discovery Mediation 130

E-Discovery LLC

APRIL 10, 2025

The potential downside of unitization by time period or number of messages is that it can artificially break up continuing conversations into separate documents, requiring the parties to manually reassociate them for use in the litigation. Judge Grimm wrote that [w]henever ESI is offered as evidence, evidence rules must be considered.

Discovery 130

Discovery Evidence Litigation Objections 130

E-Discovery LLC

MARCH 13, 2025

Plaintiffs responded that: they would be hampered in gathering critical evidence of fraudulent conduct by Defendants and others; discovery would not impose undue prejudice on Defendants; and, there is a public interest in resolving fraud claims. Defendants Motion to Compel Arbitration is potentially dispositive.

Discovery 130

Discovery Arbitration Litigation Mediation 130

E-Discovery LLC

SEPTEMBER 25, 2024

Wiegand objected. After setting out the boilerplate on scope of discovery and requirements for a protective order, the Court wrote: “The burden is on the party resisting discovery to explain specifically why its objections, including those based on irrelevance, are proper given the broad and liberal construction of federal discovery rules.”

Discovery 130

Discovery Objections Admissibility Expert Testimony 130

Complex Discovery

JULY 20, 2024

Furthermore, it underscores the importance of digital expertise in uncovering and preserving evidence of war crimes and human rights abuses, showcasing how modern technology and professional skills are pivotal in addressing the multifaceted challenges of contemporary conflicts.

Digital Evidence 116

Digital Evidence Evidence Objections Litigation 116

E-Discovery LLC

OCTOBER 6, 2024

But, the Court found and held that there was no evidence that the defendants had read the emails after plaintiff’s termination. The Court rejected invasion of privacy and wiretap claims because there was no evidence that the employer had read the emails after the plaintiff was terminated. 19, 2021). [1]

Evidence 130

Evidence Discovery Litigation Affidavits 130

IP Watchdog

AUGUST 24, 2023

The court found that the PTAB erred in its analysis of nexus between the claims and evidence of secondary considerations, as well as in its weighing of the objective indicia of nonobviousness.

Objections 52

Objections Evidence Litigation 52

E-Discovery LLC

MARCH 26, 2025

Given [1] the breadth and scope of Attorney XXXXs [1] ESI Requests and [2] the content and tone of the XXXX Firm ESI Plan, it is not surprising that Defense Counsel objected to the ESI protocol that Attorney XXXX was demanding be used in this case. would include litigate, litigation, litigating, etc.).

Discovery 130

Discovery Objections Litigation Healthcare 130

E-Discovery LLC

DECEMBER 19, 2024

In In re Outpatient Medical Center Employee Antitrust Litigation , 2024 WL 4679083 (N.D. Objections were due by July 10 th. Plaintiffs contended that SCA did nothingsuch as objecting or filing a motion to quashsince it received notice of the Subpoena. Fanning on March 29, 2024. Pursuant to Fed. 502(a)(2) and (3).

Depositions 130

Depositions Subpoenas Evidence Discovery 130

E-Discovery LLC

APRIL 22, 2025

Both sides objected to a report and recommendation of a special master. The court wrote: Plaintiffs could have issued such subpoenas years ago, but the record makes evident that they deliberately elected not to avail themselves of that readily-available procedure for obtaining third-party discovery. Vail Clinic, Inc.,

Subpoenas 130

Subpoenas Discovery Litigation Evidence 130

Civil Litigation Brief

FEBRUARY 23, 2025

In Lexi-Rae Speirs v St Georges University Hospitals NHS Foundation Trust[2025] EWHC 337 (KB) Senior Master Cook considered an argument that the defendant’s evidence should not be admitted because it was served late. The fundamental problem with the claimant’s submission.

Evidence 52

Evidence Objections 52

E-Discovery LLC

AUGUST 22, 2024

Remington objected, and appealed, based on its long-standing, neutral document destruction policy. On remand, if the trial court is called upon to again instruct the jury regarding failure to produce evidence, the court should consider the following factors before deciding whether to give the instruction to the jury. Allen, Robert D.

Discovery 130

Discovery Litigation Evidence Technology 130

CaseFox

DECEMBER 21, 2023

The legal proceedings can be broadly categorised into civil and criminal litigation, each governed by distinct laws and procedures. This blog highlights the key differences between civil and criminal litigation according to the law. Discovery is the process by which parties exchange information and evidence.

Litigation 52

Litigation Evidence Burden Of Proof Objections 52

E-Discovery LLC

SEPTEMBER 12, 2024

The September 6, 2024, decision in In Re: Social Media Adolescent Addiction/Personal Injury Products Liability Litigation, 2024 WL 4125618 (N.D. Therefore, “control” existed where a litigant had the legal right to obtain documents on demand. 2024), applies the “legal control” standard to Fed.R.Civ.P.

Subpoenas 130

Subpoenas Discovery Litigation Objections 130

Legal Writing Launch

OCTOBER 4, 2024

We will address: The Importance of Legal Writing in the Legal Profession Understanding the Types of Legal Writing Key Objectives and Functions of Writing Essential Legal Writing Skills and Techniques Strategies for Effective and Persuasive Legal Writing Legal writing stands as the cornerstone of the legal profession.

Objections 130

Objections Pleadings Precedent Legal Arguments 130

Evidence at Trial

APRIL 26, 2023

To best handle evidentiary questions about social media, litigators must understand the relevant evidentiary rules and their application. What Social Media Evidence? Starting with the obvious, information on social media certainly is evidence. Is Social Media Evidence Relevant? Is Social Media Evidence Authentic?

Evidence 52

Evidence Admissibility Witnesses Chain Of Custody 52

E-Discovery LLC

JULY 3, 2024

Wife noted that Husband’s refusal to provide discovery had been a continuing problem throughout the litigation. Wife requested that the court sanction Husband by precluding him from presenting evidence at trial. The Appeals Court wrote: “Husband alleged that he had recently filed for bankruptcy.

Discovery 130

Discovery Cross-Complaint Evidence Admissibility 130

WA Bar News

JUNE 11, 2024

should not be considered as evidence. In this column, we’ll address a narrower, but more common, subset of deposition misconduct that the ABA opinion touches on: improper “coaching” during depositions and improper objections intended to impede the questioner. Irwin (E.D. Washington RPC 4.4(a) Washington RPC 3.4(a)

Depositions 98

Depositions Witnesses Objections Discovery 98

IP Watchdog

AUGUST 20, 2021

The CAFC held that the designs were obvious because Gamon did not prove a nexus between commercial success and the claims, and because the evidence of Trinity’s copying did not overcome the strong evidence of obviousness provided by the prior art. s design patents would have been obvious over the prior art.

Manufacturing 126

Manufacturing Evidence Objections Litigation 126

E-Discovery LLC

DECEMBER 16, 2024

The circuit court ordered Mr. Etame to submit any objections, which he did, with some discovery responses. The circuit court then prohibited Mr. Etame from presenting any evidence and struck his pleadings, including counterclaims. There are cases where litigants are being directed to support their discovery positions under oath.

Discovery 130

Discovery Interrogatories Affidavits Pleadings 130

E-Discovery LLC

MAY 14, 2025

Upon reviewing Plaintiffs production, Defendants objected and claimed that Plaintiffs unilateral redaction of text messages within a same-day text chain was improper. Plaintiffs objected and, alternatively, sought a protective order. Litigants, and courts, are still in the process of figuring out how to answer these questions.

Discovery 130

Discovery Evidence Litigation Objections 130

E-Discovery LLC

AUGUST 13, 2024

Defendant also explained that the retention policy is that when there is active notice of litigation, then from that point any video would be retained. Wilburn, however: “Plaintiff has not put before the undersigned any evidence that she sought to depose Ms. 2024 WL 3690799 at *5. Plaintiff later complained of lack of depositions.

Discovery 130

Discovery Depositions Interrogatories Objections 130