Mealey's Discovery

  • October 18, 2017

    Waymo’s Request To Reopen Discovery In Trade Secrets Suit Denied

    SAN FRANCISCO — It is too late in the litigation in a misappropriation of trade secrets lawsuit against Uber Technologies Inc. and others to require Uber to turn over all of its source code for its self-driving vehicle technology, and a plaintiff’s motion to compel Uber to turn over the source code is overly broad, a federal judge in California ruled Oct. 16 in denying the motion (Waymo LLC v. Uber Technologies Inc., et al., No. 17-0939, N.D. Calif., 2017 U.S. Dist. LEXIS 170903).

  • October 18, 2017

    Hawaii Federal Judge Partly Grants Sanctions In Copyright Case

    HONOLULU — Although refusing to dismiss a copyright infringement case outright as a sanction for providing insufficient discovery responses, a Hawaii federal judge on Oct. 17 ordered a plaintiff to supplement the discovery responses, attend a status conference and be deposed, as well as pay all court reporter fees associated with the deposition (Keoni Payton v. Defend Inc., et al., No. 15-238, D. Hawaii, 2017 U.S. Dist. LEXIS 171877).

  • October 18, 2017

    Judge Orders Insurer To Produce Claim Information In Reinsurance Fraud Case

    ATLANTA — In a dispute over alleged fraudulent transfers of reinsurance funds, a Georgia federal judge on Oct. 6 ordered an insurer to produce information for each claim for which it has the claim date within six months of the start or end of a reinsurance agreement (Canal Insurance Co., et al. v. Golden Isles Reinsurance Company Ltd,, et al., No. 15-03331, N.D. Ga.).

  • October 18, 2017

    Claim And Underwriting Files Are Relevant, Discoverable, Judge Rules In Reversal

    EAST ST. LOUIS, Ill. — An Illinois federal judge on Sept. 27 reversed a magistrate judge’s denial of a hospital’s motion to compel a professional liability insurer to immediately produce the underwriting file for an insurance policy and the claim file pertaining to an underlying medical malpractice lawsuit, finding that the claim file and underwriting file are “relevant and discoverable” (National Fire and Marine Insurance Company v. Lee Lindemann, et al., No. 15-910, S.D. Ill., 2017 U.S. Dist. LEXIS 159153).

  • October 17, 2017

    EpiPen MDL Judge Allows Document Discovery But Stays Depositions

    TOPEKA, Kan. — The Kansas federal judge overseeing the EpiPen multidistrict litigation on Oct. 13 agreed to partially lift a discovery stay on documents but kept in place his stay of depositions (In Re:  EpiPen Marketing, Sales Practices and Antitrust Litigation, MDL Docket No. 2785, No. 17-md-2785, D. Kan., 2017 U.S. Dist. LEXIS 169541).

  • October 17, 2017

    Uber Seeks To Prevent Waymo From Reopening Discovery In Trade Secrets Suit

    SAN FRANCISCO — The plaintiff in a misappropriation of trade secrets lawsuit against Uber Technologies Inc. and others has failed to show that discovery should be reopened for the plaintiff to determine whether Uber used the plaintiff’s source code to develop its autonomous vehicle source code, Uber argues in an Oct. 12 opposition brief filed in California federal court (Waymo LLC v. Uber Technologies Inc., et al., No. 17-0939, N.D. Calif.).

  • October 16, 2017

    Supreme Court To Hear Case On Foreign Application Of Stored Communications Act

    WASHINGTON, D.C. — Over the opposition of Microsoft Corp., the U.S. Supreme Court on Oct. 16 granted the U.S. government’s petition for certiorari to decide whether a warrant issued under the Stored Communications Act (SCA) can be applied extraterritorially to require an email provider to produce data that is stored on foreign servers (United States v. Microsoft Corp. [In re:  Warrant to Search a Certain E-Mail Account Controlled and Maintained by Microsoft Corp.], No. 17-2, U.S. Sup.).

  • October 16, 2017

    Plaintiff: Protective Order Needed In Water Lawsuit; Depositions ‘Thwart’ Rights

    SANTA ANA, Calif. — One of the plaintiffs in a chemical injury and groundwater contamination lawsuit against Pacific Gas & Electric (PGE) on Oct. 2 filed a memorandum of points and authorities supporting a request for a protective order, arguing that the company and its attorney are liable for “unjustifiable acts” because their attempt to take oral depositions is designed to “thwart” the plaintiffs’ rights to “justice, due process of law and constitutional protection” (Barbara A. Vinson v. Pacific Gas & Electric Company, No. 16-514, C.D. Calif.).

  • October 11, 2017

    Judge Grants Government’s Email Search Warrants With Alterations

    MONTGOMERY, Ala. — While affirming that a magistrate judge had not erred in denying the U.S. government’s warrants to search 15 email accounts, an Alabama federal judge on Sept. 28 ordered that the warrants be issued “[b]ecause the constitutional infirmities can be corrected with moderate alterations” (In re Search of Information Associated with 15 Email Addresses Stored at Premises Owned, Maintained, Controlled or Operated by 1&1 Media, Inc., et al., No. 2:17-cm-03152, M.D. Ala., 2017 U.S. Dist. LEXIS 159535).

  • October 11, 2017

    Mental Health Records Deemed Privileged, Nondiscoverable In Harassment Suit

    MEMPHIS, Tenn. — A student’s records and communications with an on-campus counseling facility are protected by the psychotherapist-patient privilege, a Tennessee federal magistrate judge ruled Oct. 6, denying a college’s motion compel in a sexual harassment lawsuit brought by the student (Prianka Bose v. Rhodes College, et al., No. 2:16-cv-02308, W.D. Tenn., 2017 U.S. Dist. LEXIS 166289).

  • October 10, 2017

    Workers’ Comp Insurer Offers Discovery Plan In Suit With Insolvent Insurer

    ATLANTA — A workers’ compensation insurer proposes a stipulated discovery plan and scheduling order on Oct. 9 with the Georgia federal court in a dispute over whether its policies insured certain staffing companies for claims also tendered to an insolvent insurer (Georgia Insurers Insolvency Pool v. Sussex Insurance Co., No. 16-03975, N.D. Ga.).

  • October 10, 2017

    Window Sealant Maker Ordered By Judge To Produce Complaints About Malfunctions

    RUTLAND, Vt. — The manufacturer of an allegedly defective window sealant was ordered by a federal judge in Vermont on Oct. 6 to produce complaints the company received about the sealant dripping onto window panes or spreading from its intended location for an 11-year period (H. Hirschmann, Ltd. v. Green Mountain Glass, LLC, et al., No. 15-cv-00034, D. Vt.).

  • October 9, 2017

    Leaseholders: Companies Cannot Depose Plaintiffs’ Attorney About Fracking Leases

    COLUMBUS, Ohio — A group of leaseholders in Ohio who contend that a group of hydraulic fracturing companies “systematically” violated their leases and underpaid royalties filed a brief in Ohio federal court on Sept. 29, arguing that the companies failed to meet the burden that permits them to depose the leaseholders’ counsel (Zehentbauer Family Land LP v. Chesapeake Exploration LLC, et al., No. 15-02449, N.D. Ohio).

  • October 6, 2017

    Judge: Asbestos Defendant’s Database Search Objections Unconvincing

    SEATTLE — A company cannot avoid discovery from its database simply by claiming that the resulting search would be “incomprehensible,” but a second company’s claim that it has no responsive documents in an asbestos case ends any debate, a federal judge in Washington held Sept. 19 (William C. Blosser, et al. v. Ashcroft Inc., et al., No. 17-5243, W.D. Wash.).

  • October 5, 2017

    State Farm Defends Motion To Compel Discovery For Computer Fraud Claims

    GULFPORT, Miss. — In an Oct. 2 rebuttal brief supporting its motion to compel discovery related to its computer fraud counterclaims in a decade-old false claims suit related to Hurricane Katrina claims, State Farm Fire and Casualty Co. calls its discovery requests “straightforward,” while arguing that the counterdefendants failed to show that the requests are burdensome or cover privileged material (United States, ex rel. Cori Rigsby, et al. v. State Farm Fire & Casualty Co., No. 1:06-cv-00433, S.D. Miss.).

  • October 3, 2017

    Magistrate Judge Compels Discovery In Life Insurance Scheme Involving Reinsurers

    BALTIMORE — In an alleged life insurance fraud scheme that shifted debt to reinsurers, a Maryland federal magistrate judge on Sept. 28 ordered a life insurer to submit life insurance policies affected by a cost of insurance (COI) and within the 2004-2015 time range (Richard Dickman, et al. v. Banner Life Insurance Co., No. 16-192, D. Md., 2017 U.S. Dist. LEXIS 161545

  • October 3, 2017

    Protective Order Motions Over Due Diligence Report In Trade Secrets Suit Denied

    SAN FRANCISCO — The issuance of protective orders over a due diligence report submitted by a nonparty specialized risk management firm in a misappropriation of trade secrets lawsuit against Uber Technologies Inc. is not warranted because none of the parties seeking the protective orders has provided a sufficient reason to “override the public interest factor” of providing transparency in the report, a federal judge in California ruled Sept. 28 in denying the motions (Waymo LLC v. Uber Technologies Inc., et al., No. 17-0939, N.D. Calif., 2017 U.S. Dist. LEXIS 89174).

  • October 2, 2017

    Chemical Injury Plaintiff Must Testify, Company Says; Motion To Compel Filed

    SANTA ANA, Calif. — Pacific Gas & Electric Co. (PGE) on Sept. 27 moved to compel one of the plaintiffs in a chemical injury and groundwater contamination lawsuit against company to appear for an oral deposition, contending that the woman is obligated to be present and faces sanctions for having failed to attend at her initial deposition without first obtaining a protective order (Barbara A. Vinson v. Pacific Gas & Electric Company, No. 16-514, C.D. Calif.).

  • September 29, 2017

    Magistrate Judge Orders Rolling Paper Documents To Be Turned Over For Discovery

    CHICAGO — A magistrate judge in an Illinois federal court on Sept. 27 ordered a tobacco company to produce documents regarding the design of its rolling papers that are in the possession of one of its French subsidiaries in a trademark infringement countersuit after finding that French law does not entirely preempt the company making those documents available for discovery (Republic Technologies LLC, et al. v. BBK Tobacco & Foods LLP, No. 16 3401, N.D. Ill., 2017 U.S. Dist. LEXIS 158986).

  • September 29, 2017

    Flint Defendants: Discovery Request ‘Procedurally Deficient’; Should Be Quashed

    DETROIT — A group of defendants in the consolidated litigation involving the lead-contaminated water crisis in the city of Flint, Mich., on Sept. 28 moved to quash the plaintiffs’ requests for production of documents, contending that the plaintiffs’ requests are “procedurally deficient” (In re Flint Water Cases [Luke Waid, et al. v. Richard D. Snyder, et al.], No. 16-10444, E.D. Mich.).