Newport Beach California Business Litigation Law B

FEBRUARY 12, 2025

If you are a business owner, what evidence do you need to confirm that legal malpractice caused your business to suffer losses? Thus, you must gather key evidence, such as: Financial records: Balance sheets and income statements can show the decline in business performance after the alleged malpractice took place.

Evidence 97

Evidence Expert Testimony Objections Litigation 97

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

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. Next , the court overruled the improper boilerplate objections. 26, 2024). _ [1] I will soon be posting an updated blog on boilerplate objections.

Admissibility 130

Admissibility Discovery Objections Interrogatories 130

E-Discovery LLC

AUGUST 16, 2024

That before-and-after authentication, plus a few other facts, was sufficient circumstantial evidence to authenticate the entire video. First can video evidence be authenticated when the authenticating witness lacked personal knowledge of all of the events portrayed in it? The bar for authentication of evidence is not high.”

Witnesses 130

Witnesses Evidence Objections Admissibility 130

E-Discovery LLC

APRIL 22, 2025

Magistrate Judge denied relief and the matter was before the District Judge on objections. Defendants filed a motion to quash, asserting attorney-client privilege. They did not submit a privilege log or request in camera review. Emphasis added]. Defendants did not contest the EEOCs preliminary showing of spoliation.

Discovery 130

Discovery Litigation Objections Evidence 130

CaseFox

SEPTEMBER 28, 2023

How many times have you heard an attorney or lawyer in a court say, “Objection, Your Honor!” But have you wondered what these are and how many types of objections are in court? Court objections are basically when a trial attorney objects to the opposing counsel’s questions or the testimony of the witness.

Objections 52

Objections Witnesses Evidence Cross-Examination 52

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. 24, 2022).

Subpoenas 130

Subpoenas Discovery Objections Witnesses 130

E-Discovery LLC

FEBRUARY 23, 2025

Plaintiffs supplemental response stated: Plaintiff objects to this interrogatory as compound. 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. Defendants Interrogatory No.

Discovery 130

Discovery Interrogatories Objections Court Rules 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 8, 2025

The court wrote that it then adopted Defendants protocol [as an order] and no objection to that order was filed. See Too Busy to Respond to Discovery = Waiver of Objections & Sanctions (Nov. Mistake #3: On January 2, 2025, [1] Plaintiff objected to the Magistrate Judges December 23, 2024, decision. [2] See 28 U.S.C.636(b)(1)(fourteen

Discovery 130

Discovery Objections Interrogatories Litigation 130

E-Discovery LLC

SEPTEMBER 4, 2024

The defendants’ objection is overruled, and the requested documents are to be produced within the next 14 days. That is because, in this Title VII case, the evidence considered by a peer review committee lay “at the heart” of the claim. They are not an appropriate basis on which to base a discovery objection. 7, 2022).

Discovery 130

Discovery Objections Evidence Litigation 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

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

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 130

Discovery Evidence Court Rules Objections 130

E-Discovery LLC

SEPTEMBER 1, 2024

499 (2024), addressed introduction of a “composite” video as summary evidence and the use of police officers’ testimony describing it. Over various objections, he explained the relationship between the different clips in the composite video and identified the camera numbers, times, streets, and specific activities depicted in the clips.

Admissibility 130

Admissibility Witnesses Evidence Exhibits 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

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

E-Discovery LLC

AUGUST 16, 2024

The identification of non-custodial sources of data is a foundational issue, and you don’t get to make an objection to the other side’s disclosure and then hold on to that objection forever and ever, and years later ask to start the whole process over from scratch. We’re not starting this over from the beginning.

Discovery 130

Discovery Interrogatories Depositions Litigation 130

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." Even simpler, the secondary evidence rule cannot be used as an end-run around the rules of evidence.

Evidence 52

Evidence Arbitration Affidavits Admissibility 52

E-Discovery LLC

FEBRUARY 8, 2025

While not the focus of this blog, it is interesting that some of the evidence of the undue influence came from graphic text messages. The crux of Joans objection to the disputed claims was that Rebecca did not supplement her responses to discovery by identifying those additional claims for damages.

Interrogatories 130

Interrogatories Discovery Trial Preparation Evidence 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. Mediation of Discovery Disputes by Courts Law Clerk?

Admissibility 130

Admissibility Witnesses Discovery Mediation 130

Gerry Oginski's New York Legal Blog

JUNE 26, 2018

That would be awesome if that were a proper legal objection. "Judge, What will he accomplish by yelling out "OBJECTION JUDGE! The point is that when you stand up and make an objection, it's supposed to be because the lawyer is doing something that's causing you concern. "Judge, HE'S WHINING!"

Objections 52

Objections Witnesses Evidence 52

E-Discovery LLC

JULY 8, 2024

Defendants objected asserting (in part) that the request sought “information protected from disclosure by official information privilege ….” Therefore, it overruled the objection. Plaintiffs’ Request for Production No. 63 asked for production of three defendants’ “entire” personnel file. at *2, 5 (emphasis added). For more, see Mark S.

Affidavits 130

Affidavits Discovery Objections Evidence 130

Evidence at Trial

APRIL 26, 2023

What Social Media Evidence? Starting with the obvious, information on social media certainly is evidence. In California, evidence is comprehensively defined to include "testimony, writings, material objects, or other things presented to the senses that are offered to prove the existence or nonexistence of a fact."

Evidence 52

Evidence Admissibility Witnesses Chain Of Custody 52

IP Watchdog

APRIL 27, 2022

Real reform needs objective standards for measuring patent quality that can guide improvements. Such evidence about patent quality may show that fundamental aspects of our patent system must be updated to keep it relevant for today’s innovation economy.

Objections 105

Objections Evidence 105

E-Discovery LLC

APRIL 10, 2025

26(b)(1) states that [i]nformation within this scope of discovery need not be admissible in evidence to be discoverable, discoverable material that does not meet evidentiary standards may be of little or limited value. Judge Grimm wrote that [w]henever ESI is offered as evidence, evidence rules must be considered. 39, 57, 926 A.2d

Discovery 130

Discovery Evidence Litigation Objections 130

E-Discovery LLC

JULY 3, 2024

Wife requested that the court sanction Husband by precluding him from presenting evidence at trial. Ferko’s request for sanctions, struck Mr. Ferko’s complaint, and precluded testimony and evidence related to the issues of marital property, alimony, and attorney’s fees. Prior to trial, the trial court granted Ms.

Discovery 130

Discovery Cross-Complaint Evidence Admissibility 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.

Evidence 116

Evidence Digital Evidence Objections Litigation 116

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

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

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

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

JUNE 25, 2024

c)(2) contentions, in reviewing the briefs and exhibits, it is evident that the communication issues addressed in the court’s January 11, 2024 order have not been resolved. 1] __ [1] The court addressed boilerplate objections in detail, id. The Norcold court addressed a number of other issues. [1] at *6, among other issues.

Discovery 130

Discovery Exhibits Interrogatories Objections 130

E-Discovery LLC

MAY 27, 2024

Stanford did not object; to the contrary, Stanford conceded that the footage could be properly authenticated through Detective Ohmstede and that the footage was “admissible evidence.” Initially, the Court held that the stipulation to the video’s admissibility waived the objection. Rule 4-263(n).

Discovery 130

Discovery Cross-Examination Witnesses Admissibility 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). UBS Warburg LLC , 2003 WL 22410619 (S.D.N.Y.

Discovery 130

Discovery Litigation Witnesses Objections 130

E-Discovery LLC

DECEMBER 19, 2024

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. Barnard & Alison Schurick, “The Relationship of Federal Rule of Evidence 502, Clawback Agreements, Court Orders, and Local Rules,” in M. 26(b)(5)(B).

Depositions 130

Depositions Subpoenas Evidence Discovery 130

IP Watchdog

JULY 5, 2022

That is, the DOJ and PTO now demand more subjective theory on Alice-Mayo while deliberately eschewing any objective basis for the test despite the fact that the claims in Bilski, Alice, and Mayo were considered abstract based on evidence in the record.

Evidence 81

Evidence Objections Manufacturing 81