Mealey's Discovery

  • May 18, 2021

    California Appeals Court: Novartis Waived Privilege For Inadvertent Disclosure

    SAN DIEGO — A California appeals court on May 13 ruled that drug maker Novartis Pharmaceuticals Corp. had waived privilege for a confidential email because under a trial court protective order it did not promptly seek return or destruction of the inadvertently disclosed document.

  • May 18, 2021

    Reinsurer Seeks To Stay Discovery Until Motion To Dismiss Is Resolved

    DETROIT — A reinsurer filed a motion to stay discovery on May 14 in a suit filed in Michigan federal court by a health and life insurer seeking indemnity for more than $950,000 under a medical excess reinsurance agreement, contending that a stay of discovery is warranted until the reinsurer’s motion to dismiss is resolved.

  • May 18, 2021

    Google Must Submit New York Case Documents In Play Store Antitrust Suit

    SAN FRANCISCO — In a May 13 minute entry, a California federal judge granted a motion to compel by a group of plaintiffs that sued Google LLC for antitrust violations related to its Play Store, ordering Google to turn over the discovery it submitted in a New York state action in which the plaintiffs say the technology giant wielded its monopolistic power in the store to its advantage.

  • May 18, 2021

    Avandia MDL Judge Refers Third-Party Payer Discovery Issue To Special Master

    PHILADELPHIA — The Pennsylvania federal judge overseeing the Avandia multidistrict litigation on May 14 dismissed without prejudice a motion by defendant GlaxoSmithKline PLC (GSK) for a case management order scheduling discovery in a third-party payer case but referred the issue of scheduling to the special discovery master.

  • May 17, 2021

    FTC Denied Discovery Conference In Facebook Antitrust Suit

    WASHINGTON. D.C. — In a May 11 docket entry, a District of Columbia federal judge issued a minute order denying the Federal Trade Commission’s motion to compel a discovery conference with Facebook Inc., with the judge deeming the motion to be premature in light of “a number of serious challenges” that the social network has raised to the antitrust complaint against it in a pending motion to dismiss.

  • May 17, 2021

    Amicus Tells High Court Deference Is Due To Tribunals In Section 1782 Applications

    WASHINGTON, D.C. — One of the world’s leading international arbitration bodies on May 13 submitted an amicus curiae brief to the U.S. Supreme Court supporting neither party in a pending case over whether a federal statute allowing discovery in aid of foreign courts and tribunals applies to private commercial tribunals but instead arguing that regardless of how the high court rules on the statute, it should instruct courts to defer to arbitrators on Section 1782 applications.

  • May 17, 2021

    Supreme Court Won’t Hear 5th Amendment Suit Over Compelling Phone Passcode

    WASHINGTON, D.C. — In its May 17 order list, the U.S. Supreme Court denied certiorari in a dispute between New Jersey and a former law enforcement officer over whether compelling the target of an investigation to unlock a secured smartphone violates the Fifth Amendment to the U.S. Constitution.

  • May 17, 2021

    Judge Denies Insurance Fraud Defendants’ Dismissal Motion, Imposes Sanctions

    NEW YORK — A federal judge in New York on May 12 ordered medical providers accused of submitting false claims for no-fault insurance benefits to pay the costs incurred by two insurers in bringing a motion for sanctions over the defendants’ failure to respond to initial discovery requests and denied the defendants’ motion to dismiss the suit for lack of jurisdiction and untimeliness.

  • May 17, 2021

    U.S. High Court Won’t Review Age Bias Row Raising Discovery, GDPR Issues

    WASHINGTON, D.C. — The U.S. Supreme Court on May 17 denied a petition for a writ of certiorari filed by a U.S.-based company arguing that an underlying Ohio state court discovery ruling against it would cause it to violate the stringent personal privacy protections of the European Union’s General Data Protection Regulation (GDPR) and asking the high court to offer guidance as to how discovery in U.S. courts should interact with foreign privacy laws.

  • May 14, 2021

    Judge Orders Marriott To Produce Discovery In Suit, Imposes Sanctions For Delay

    SAN DIEGO — A federal magistrate judge in California on May 12 granted in part a motion to compel discovery brought by the plaintiffs in a putative class action accusing a hotel franchise of violating California’s unfair competition law (UCL) and other state statutes, writing that the bulk of the franchise’s objections to discovery were unfounded and ordering sanctions against it for raising objections to discovery that the court previously said were unmeritorious.

  • May 14, 2021

    Magistrate Stays Discovery On Insurer’s Duty To Indemnify Senior Living Facility

    WILMINGTON, N.C. — A federal magistrate judge in North Carolina on May 5 granted in part an insurer’s motion to stay discovery in its declaratory judgment lawsuit pending resolution of an underlying class action alleging that a senior living facility and its owners breached their contractual duties to provide adequate staffing and personal care and knowingly failed to comply with staffing and personal care obligations, staying discovery on the indemnification issue and allowing discovery to proceed on “coverage” issues and certain counterclaims.

  • May 13, 2021

    Linen Business’s Objections To Magistrate’s Sanctions Ruling Overruled By Judge

    LAS CRUCES, N.M. — A federal judge in New Mexico on May 11 overruled a linen business’s objections to a magistrate judge’s February order imposing monetary sanctions against it for producing an inadequately prepared corporate representative for a deposition and for failing to timely supplement its initial disclosures and discovery responses, finding that the magistrate’s decisions were not clearly erroneous or contrary to law.

  • May 12, 2021

    Discovery, GDPR Raised In High Court Appeal In Age Discrimination Employment Row

    WASHINGTON, D.C. — In an April 26 reply brief supporting its petition for certiorari, a U.S.-based company tells the U.S. Supreme Court that an underlying Ohio state court discovery ruling against it would cause it to violate the stringent personal privacy protections of the European Union’s General Data Protection Regulation (GDPR), asking the high court to offer guidance as to how discovery in U.S. courts should interact with foreign privacy laws.

  • May 12, 2021

    Disability Claimant Denied Discovery In ERISA Long-Term Benefits Row

    ST. LOUIS — A man who sued his long-term disability (LTD) provider for retroactive benefits under the Employee Retirement Income Security Act (ERISA), saw his quest to take discovery beyond the administrative record denied May 10, with a Missouri federal magistrate judge finding the requested discovery unnecessary to consider a purported conflict of interest between two physicians’ medical opinions.

  • May 11, 2021

    Magistrate Finds Section 1782 Applies To ‘State-Sponsored’ Dubai Arbitral Tribunal

    WASHINGTON, D.C. — A District of Columbia federal magistrate judge on May 10 granted a Luxembourg entity’s application to seek discovery from a D.C.-based law firm regarding its communications with a Saudi businessman after the magistrate determined that a Dubai-based tribunal hearing a dispute involving the entity and the businessman qualifies as a “state-sponsored” body to which discovery in aid of foreign tribunals is available.

  • May 11, 2021

    Federal Judge: Softball League Liable For $767,000 In Attorney Fees, Sanctions

    CLEVELAND — In adopting in part and modifying in part a magistrate judge’s report and recommendation on May 7, an Ohio federal judge found a professional softball league liable to the franchise team it sued for breach of contract for more than $480,000 in attorney fees and costs.  The judge also held the league and its attorneys jointly and severally liable for more than $287,000 in attorney fees and costs for discovery sanctions.

  • May 11, 2021

    California Court Won’t Immediately Review Asbestos Deposition Time Limit

    SAN FRANCISCO — A California appeals court in an April 28 docket entry denied a petition for writ of mandate or prohibition in an asbestos case, saying any due process challenges to limits on the defendants’ time to depose an asbestos plaintiff are best raised after completion of the deposition.

  • May 10, 2021

    Judge: No Discovery Extension For In-Person Depositions In Retirement Plan Suit

    CHICAGO — In a May 6 minute order, a federal judge in Illinois in a breach of fiduciary duty case warned parties that a discovery extension would not be granted based on a desire to wait for in-person depositions; the entry came approximately three weeks after the same judge narrowed the claims in the case that accuses an employer, its retirement plan committee and others of improperly retaining the investment managers’ proprietary collective investment trusts which allegedly underperformed and charged unreasonable fees and failing to properly monitor the fiduciaries.

  • May 07, 2021

    Trailer Company Wants Asbestos Sales Index Partially Protected From Discovery

    GREENSBORO, N.C.  — A federal judge in North Carolina imposed manifestly unfair production on a company when he ordered it to produce an index containing in excess of 47,000 sales records, rather than limiting production to the less than 1% of the index relevant to an asbestos case, a company says May 5 in urging reconsideration of the judge’s April 30 opinion.

  • May 07, 2021

    Parts Maker Tells High Court Private Arbitrations Not Excluded By Section 1782

    WASHINGTON, D.C. — A New York-based engine parts maker writes in its May 6 petitioner’s brief on the merits to the U.S. Supreme Court that the statute allowing discovery in aid of foreign courts and tribunals was intended to apply to private tribunals as of its amendment in 1964 and that the existing circuit split on the issue was created by the imposition of “judicially-devised limitations” on the text of the statute.

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