Mealey's Discovery

  • September 12, 2019

    Judge Largely Grants Car Maker’s Request To Limit Asbestos Discovery

    TACOMA, Wash. — A car manufacturer need not respond to discovery beyond that called for under federal rules or that seeks overly broad answers about the company’s position on its vehicles, associated parts and consumer safety, a federal judge in Washington said Sept. 10 (Eric Klopman-Baerselman, et al. v. Air & Liquid Systems Corp., et al., No. 18-5536, W.D. Wash., 2019 U.S. Dist. LEXIS 154359).

  • September 11, 2019

    Some Google Images Discovery Ordered In Photo Repository’s Unfair Competition Suit

    SAN FRANCISCO — In a Sept. 9 minute entry, issued after a hearing, a California federal judge directed Google LLC to provide some documents related to its “Google Images” feature to the operator of an online photo repository that sued the tech giant for violation of California’s unfair competition law (UCL) related to an advertising and marketing agreement (Dreamstime.com LLC v. Google LLC, et al., No. 3:18-cv-01910, N.D. Calif.).

  • September 10, 2019

    Insured Says Insurer’s Motion To Compel Is Moot In Hurricane Irma Coverage Suit

    MIAMI — In response to a federal flood insurer’s motion to compel discovery in a Hurricane Irma coverage dispute, the insured in an Aug. 27 response argues that the insurer’s motion is moot because it has already provided the requested documents without the need for judicial intervention (Island Club Condominium Inc. v. Wright National Flood Insurance Co., No. 18-10303, S.D. Fla.).

  • September 10, 2019

    Judge: Window Franchisor’s Document Claw-Back Requests Were Untimely, Improper

    WILKESBORO, N.C. — A North Carolina judge on Aug. 23 released a redacted version of a ruling in which he found that a window franchisor engaged in numerous discovery infractions, notably repeated requests to claw back submitted documents, leading the judge to mostly grant motions by a group of franchisee plaintiffs to compel and to find asserted privileges waived in a lawsuit over alleged fraud and breach of contract related to their franchise agreements (Window World of Baton Rouge LLC, et al. v. Window World Inc., et al., Nos. 15 CVS 1 & 15 CVS 2, N.C. Super., Wilkes Co., 2019 NCBC LEXIS 54).

  • September 10, 2019

    Rimini Street Again Told To Provide Oracle Post-Injunction Compliance Discovery

    LAS VEGAS — Five months after Oracle USA Inc. was permitted to conduct limited discovery to ensure that Rimini Street Inc. was complying with a permanent injunction against it in a long-running software copyright lawsuit, a Nevada federal magistrate judge on Sept. 6 signed an order setting parameters on that discovery and establishing a schedule for Rimini’s compliance (Oracle USA Inc., et al. v. Rimini Street Inc., et al., No. 2:10-cv-00106, D. Nev.).

  • September 06, 2019

    Monsanto Wants Blood Sample For Genetic Test In Mesothelioma Case

    EDWARDSVILLE, Ill. — Monsanto Co. on Aug. 30 asked an Illinois judge court to compel testing of an asbestos plaintiff’s blood, saying the procedure may reveal a genetic component to the 36-year-old’s peritoneal mesothelioma (Dustin W. Holsten, et al. v. Amalgamated Sugar Co. LLC, et al., No. 18-L-1664, Ill. Cir., Madison Co.).

  • September 05, 2019

    Wisconsin Judge Says Discovery Cannot Proceed On Bad Faith Claim

    MILWAUKEE — A Wisconsin federal judge on Aug. 30 granted a homeowners insurer’s motion for a protective order precluding an insured from engaging in discovery on a bad faith claim because the insured failed to provide sufficient facts in support of a breach of contract claim as required under Wisconsin law for discovery to proceed on the bad faith claim (Cody Christopherson v. American Strategic Insurance Corp., No. 19-202, E.D. Wis., 2019 U.S. Dist. LEXIS 148323).

  • September 05, 2019

    Judge Denies Mandamus In Dispute Over Fracking At Former Nuclear Site

    DENVER — A federal judge in Colorado on Sept. 4 denied a petition for a writ of mandamus sought by residents, environmental organizations and nuclear workers advocacy groups that wanted to order the U.S. government to provide records that pertain to a grand jury that investigated the actions of Rockwell International Corp. at the U.S. Department of Energy (DOE) former weapons-grade plutonium-239 processing facility, Rocky Flats Nuclear Weapons Plant, which is now being considered as a site for hydraulic fracturing operations.  The judge ruled that the petitioners did not cite any legal authority for the proposition that they are entitled to the business records they seek (Alliance of Nuclear Workers Advocacy Groups, et al. v. United States, No. 19-76, D. Colo.).

  • September 04, 2019

    Judge Bars Former CEO From Depositions In Health Care Coverage Spat

    SAN ANTONIO — A former executive for bankrupt medical providers may not attend depositions related to an insurer’s cross-claim alleging that the companies operated a scheme designed to increase billing rates, a federal magistrate judge in Texas held Aug. 30 (Neil Gilmour III, et al. v. Aetna Health Inc., et al., No. 17-510, W.D. Texas, 2019 U.S. Dist. LEXIS 148232).

  • September 04, 2019

    Relator Can Probe Disclosures Made To Government In Heart Device Case, Judge Rules

    MINNEAPOLIS — A Minnesota federal judge on Aug. 28 overruled objections by medical device maker Boston Scientific Corp. to a magistrate judge’s recommendation that the company be compelled to produce presentations the company made to the United States while the government investigated a whistleblower’s allegations about the alleged sales of defective heart devices and the payment of kickbacks to cardiologists (United States of America, et al., ex rel. Steven Higgins v. Boston Scientific Corp., No. 11-2453, D. Minn., 2019 U.S. Dist. LEXIS 146498).

  • September 03, 2019

    California Governor Signs Bill Capping Mesothelioma Depositions

    SACRAMENTO, Calif. — With limited exceptions, California law now limits defendants deposing mesothelioma sufferers to seven hours of testimony after California Gov. Gavin Newsom signed the legislation on Aug. 30.

  • September 03, 2019

    Tribe Loses Discovery Row In 9th Circuit In Breach Of Contract, Fraud Suit

    SAN FRANCISCO — The Ninth Circuit U.S. Court of Appeals on Aug. 28 denied mandamus relief to a California Indian tribe and its gaming agencies, allowing discovery to continue into a casino development company’s claims that it is owed millions of dollars because of the tribe’s breach of contract, fraud and racketeering (Pinoleville Gaming Authority, et al. v. U.S. District Court for the Northern District of California, et al., No. 19-71522, 9th Cir., 2019 U.S. App. LEXIS 26032).

  • September 03, 2019

    Facebook Allowed To Intervene In Privacy Group’s FOIA Suit Against The FTC

    WASHINGTON, D.C. — Facebook Inc. has sufficiently demonstrated that it has an interest in protecting certain purportedly proprietary documents it provided to the Federal Trade Commission from disclosure in response to a Freedom of Information Act (FOIA) lawsuit brought by the Electronic Privacy Information Center (EPIC) against the commission, a District of Columbia federal judge ruled Aug. 28, granting the social network’s motion to intervene in the suit (Electronic Privacy Information Center v. Federal Trade Commission, No. 1:18-cv-00942, D. D.C.).

  • August 30, 2019

    Reinsurer Seeks To Compel Insured To Provide Discovery On Workers’ Comp Programs

    BRIDGEPORT, Conn. — A reinsurer and its affiliates in an Aug. 27 letter tell a federal judge in Connecticut that an insured’s request to compel discovery is premature and that the insured should be compelled to provide discovery on other workers’ compensation insurance programs (Charter Oak Oil Co. Inc. v. Applied Underwriters Inc., et al., No. 17-00689, D. Conn.).

  • August 29, 2019

    Discovery Sanctions Granted In Ownership Dispute Over Bitcoin Fortune

    WEST PALM BEACH, Fla. — Although a Florida federal magistrate judge previously declined to issue sanctions against the defendant in a lawsuit over the ownership of billions of dollars in bitcoin, after briefing, depositions and a hearing, the magistrate on Aug. 27 imposed sanctions for the defendant’s failure to comply with previous discovery orders in the form of costs and fees for the plaintiffs, as well as a ruling deeming certain facts to be established in their favor and striking the defendant’s affirmative defenses (Ira Kleiman, et al. v. Craig Wright, No. 9:18-cv-80176, S.D. Fla.).

  • August 29, 2019

    Magistrate Judge Orders Sanctions Against Attorney In Trade Secrets Dispute

    SACRAMENTO, Calif. — A federal magistrate judge in California on Aug. 26 awarded counsel for a payment processing company $7,000 in sanctions to be paid by an attorney representing defendants in a trade secret misappropriation lawsuit for failing to respond to two motions to compel discovery responses, in addition to $5,000 in sanctions already awarded against the attorney (Granite Payments LLC, et al. v. 1Point Merchant Solutions Inc., et al., No. 18-2727, E.D. Calif., 2019 U.S. Dist. LEXIS 144826).

  • August 28, 2019

    Kentucky Supreme Court Allows Press Access To Purdue Pharma Deposition

    FRANKFORT, Ky. — The Kentucky Supreme Court on Aug. 21 denied review of an appellate court ruling giving Boston Globe Life Sciences Media LLC access to the deposition of a Purdue Pharma L.P. family member from the state’s settled lawsuit against the opioid maker (Purdue Pharma, L.P., et al. v. Boston Globe Life Sciences Media, LLC, et al., No. 2019-SC-000045-D, Ky. Sup.).

  • August 28, 2019

    Judge Acknowledges Discovery, Replaces Order On Motion To Compel

    TACOMA, Wash. — An automobile parts company embroiled in an asbestos action is correct that a ruling ordering it to respond to discovery failed to cite supplemental responses, a federal judge in Washington said in vacating and issuing a replacement ruling on Aug. 27 (Eric Klopman-Baerselman, et al. v. Air & Liquid Systems Corp., et al., No. 18-5536, W.D. Wash., 2019 U.S. Dist. LEXIS 144599).

  • August 28, 2019

    Judge Overrules Nonparty’s Objections To State Farm’s Document Request

    DETROIT — A federal judge in Michigan on Aug. 26 overruled a nonparty’s objections to a magistrate judge’s ruling ordering him to produce documents about his relationship with clinics and doctors accused of submitting fraudulent bills to State Farm Mutual Automobile Insurance Co., finding that the man’s arguments “did not carry the day” (State Farm Mutual Automobile Insurance Company v. Elite Health Centers Inc., et al., No. 16cv13040, E.D. Mich., 2019 U.S. Dist. LEXIS 144205).

  • August 27, 2019

    Judge:  Fraud Defendant’s Ex-Wife’s Statements Can Be Disclosed

    DETROIT — An insurance fraud defendant’s objections to a magistrate judge’s ruling allowing the disclosure of statements he made to his now ex-wife that were contained in an affidavit she submitted were overruled by a federal judge in Michigan on Aug. 26, after the judge found that the statements were not privileged (State Farm Mutual Automobile Insurance Company v. Elite Health Centers Inc., et al., No. 16cv13040, E.D. Mich., 2019 U.S. Dist. LEXIS 144195).