Mealey's Discovery

  • June 15, 2021

    Insured Sanctioned In Insurance Fraud Suit Over Failure To Comply With Orders

    EAST ST. LOUIS, Ill. — A federal magistrate judge in Illinois on June 11 ruled that although more severe sanctions are not warranted against an insured that has failed to comply with court orders compelling discovery in an insurance fraud dispute, requiring the insured to pay for all reasonable costs and expenses associated with taking his deposition in the action is appropriate.

  • June 15, 2021

    High Court Delays Distribution Of Firm’s Certiorari Bid Over Subpoena Appeal Rights

    WASHINGTON, D.C. — The U.S. Supreme Court on June 7 granted a motion to delay distribution of a petition for certiorari in a dispute over when a third party may oppose a discovery subpoena served on a disinterested party, scheduling distribution for June 16 in response to the petitioner’s concern that it would not have sufficient time to file a reply brief.

  • June 14, 2021

    Tennessee Appeals Court: Opioid Defendant Must Show Why Sanctions Appeal Survives

    KNOXVILLE, Tenn. — The Tennessee Court of Appeals on June 11 ordered opioid defendants Endo Health Solutions Inc. and Endo Pharmaceuticals Inc. (collectively Endo) to show cause why the court should not dismiss their appeal of a discovery sanctions order because the trial court’s action is not a final action that awarded amounts.

  • June 14, 2021

    Arkansas High Court Won’t Review Discovery Order In State’s Opioid Case

    LITTLE ROCK, Ark. — The Arkansas Supreme Court on June 10 said it lacked jurisdiction over Arkansas’ appeal of a trial court order that the state attorney general drop its opioids claims on behalf of five state agencies or face dismissal of the complaint.

  • June 14, 2021

    Discovery Ordered On Whether PREP Act Encompasses COVID Claims Against Facility

    ALEXANDRIA, La. — Saying that he was unable at this stage to determine as a matter of law that each of the Plaintiff’s claims relate to “‘the administration or the use by an individual of a covered countermeasure’” under the Public Readiness and Emergency Preparedness (PREP) Act, a Louisiana federal judge on April 30 denied a motion to dismiss a resident’s suit alleging that the facility was negligent in connection with her contracting COVID-19, ordering limited discovery on whether the PREP Act encompasses the claims.

  • June 09, 2021

    Federal Magistrate Grants Motion To Compel Deposition Of Insurer’s Claims Manager

    BATON ROUGE, La. — A federal magistrate judge in Louisiana on June 7 granted in part and denied in part a plaintiff’s motion to compel production, compelling the deposition of a homeowners insurer’s claims manager but denying the insured’s motion to compel production of documents involving the insurer’s employee in a bad faith lawsuit arising from storm damage.

  • June 09, 2021

    Dell, Others Ask High Court To Enforce Discovery Stay In State Court Securities Suit

    WASHINGTON, D.C. — In a June 7 reply brief supporting their petition for certiorari, Dell Technologies Inc., a subsidiary and other parties that were sued for securities violations related to the subsidiary’s initial public offering (IPO) ask the U.S. Supreme Court to find that a discovery stay provision in the Private Securities Litigation Reform Act (Reform Act) applies to securities lawsuits filed in state courts and not just in federal courts, as California trial and appeals courts have found.

  • June 08, 2021

    Judge:  GDPR Does Not Bar Discovery Of French Materials In POS Trade Secrets Row

    BOSTON — The French version of the European Union’s General Data Protection Regulation (GDPR) does not prevent a point of sale (POS) technology firm and a production partner from seeking discovery of important documents from a French rival in a dispute over trade secrets and patents, a Massachusetts federal judge ruled June 3, granting the plaintiffs’ motion to reconsider a previous ruling that had ordered discovery only from two domestic plaintiffs.

  • June 04, 2021

    Claims Allowed To Proceed To Discovery In Mortgage Escrow Dispute

    CHARLOTTE, N.C. — A federal judge in North Carolina on June 2 declined to dismiss a borrower’s claims against her mortgage lender stemming from its alleged placement of an escrow account on the borrower’s mortgage and the lender’s alleged charging of fees that the borrower did not approve.

  • June 04, 2021

    Discovery Ordered Against Tribe’s Ex-Officials Who Pleaded Guilty To Embezzlement

    SACRAMENTO, Calif. — Three formal tribal executives accused of embezzling millions of dollars from the tribe lost their Fifth Amendment privilege against self-incrimination when they entered guilty pleas to criminal charges, so they must respond to the tribe’s discovery request in its civil racketeering suit against the trio, a California federal judge said June 2 in granting the tribe’s motion to compel.

  • June 03, 2021

    Judge Quashes Asbestos Trust Subpoenas, Says More Protections Needed For Info

    WILMINGTON, Del. — A Delaware federal judge on June 1 quashed subpoenas from Chapter 11 debtor Bestwall LLC seeking claimant information from asbestos trusts so it can estimate its own asbestos liability but allowed Bestwall to reissue the subpoenas with stronger protections for the claimants’ personal information.

  • June 02, 2021

    Insurer Ordered To Turn Over Reserve File To Insured In Bad Faith Dispute

    CHARLESTON, S.C. — A federal judge in South Carolina on May 27 ordered an insurer to turn over its reserve file in an insurance bad faith lawsuit stemming from a refusal to pay full benefit coverage for injuries an insured sustained in an automobile accident with an underinsured at-fault driver, ruling that the reserve file is both relevant and proportional to the needs of the lawsuit.

  • May 28, 2021

    Insured Not Required To Produce Certain Information In Asbestos Suit, Judge Affirms

    NEWARK, N.J. — A New Jersey federal judge on May 26 affirmed a magistrate judge’s ruling that an insured is not required to produce certain information related to the settlement of an underlying asbestos injury lawsuit because the information sought by the insurers is protected by the attorney-client privilege.

  • May 27, 2021

    Disability Claimant, Insurer Ordered To Meet In Attempt To Resolve Discovery Request

    ST. LOUIS — A Missouri federal judge on May 14 ordered a disability claimant and a disability insurer to meet in an attempt to resolve a request for discovery sought by the claimant.

  • May 26, 2021

    Judge:  Plaintiff Law Firm Can’t Use Privilege Both Ways In Thalidomide Cases

    PHILADELPHIA — The plaintiff law firm of Hagens Berman in Seattle cannot give privileged material to an expert in support of the firm’s claim of adequate representation and then object to the material being available to adversaries, a Pennsylvania federal judge ruled May 24.

  • May 26, 2021

    Bestwall Committee’s Stay Request For Appeal Of Claimant Questionnaire Denied

    CHARLOTTE, N.C. — A North Carolina federal bankruptcy judge on May 12 denied a request by the Official Committee of Asbestos Claimants in the Chapter 11 case of Bestwall LLC to stay her approval of a claimants’ questionnaire to help estimate the debtor’s asbestos liability, saying the committee probably won’t succeed in its appeal of the questionnaire.

  • May 25, 2021

    Microsoft’s Appeal Of Warrant Secrecy Orders Dismissed As Moot By 2nd Circuit

    NEW YORK — Finding that an appeal by Microsoft Corp. of court orders preventing it from informing a customer about investigative warrants has been mooted by disclosure to the customer, a Second Circuit U.S. Court of Appeals panel on May 14 granted the government’s motion to dismiss the matter while granting Microsoft’s motion to vacate the underlying rulings that prompted the appeal.

  • May 24, 2021

    Federal Magistrate Judge Denies Former Franchisee’s Nonparty Discovery Requests

    PHOENIX — In a trademark infringement action, a federal magistrate judge in Arizona on May 13 sustained a bathroom remodeling franchisor’s objections to a former franchisee’s discovery requests for the profit and loss statements of a nonparty franchisee, the franchisor’s financial statements and documents related to agreements between the franchisor and the nonparty franchisee.

  • May 20, 2021

    Judge Says Dubai Tribunal Is ‘Private’ And Outside Scope Of Section 1782 Discovery

    LOS ANGELES — A California federal judge on May 17 adopted a magistrate judge’s report and recommendation and denied a Luxembourg entity’s application for discovery from a law firm for use in a Dubai-based arbitration after ruling that the tribunal is a “private” arbitration to which the court said discovery in aid of foreign tribunals is not available.

  • May 19, 2021

    Oklahoma Court Affirms Discovery Ruling, $8M Asbestos Verdict

    OKLAHOMA CITY — A trial judge properly excluded evidence of third-party liability for a man’s mesothelioma after finding that asbestos defendants’ discovery responses on the issue were inadequate and that causation evidence at trial supports the jury’s verdict, a divided Oklahoma appeals court said May 18 in affirming a more than $8 million award.

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