Mealey's Discovery

  • November 08, 2021

    Companies End Quest To Compel Unpublished Report Used By Expert In PFAS Litigation

    GRAND RAPIDS, Mich. — A federal judge in Michigan on Nov. 8 issued an order dismissing as resolved a motion to compel production of an unpublished document that is being cited by one of the plaintiffs’ experts in a lawsuit alleging injuries from exposure to per- and polyfluoroalkyl substances (PFAS) after the defendants withdrew their motion.

  • November 08, 2021

    Caltech’s Retirement Plan Files Deemed Relevant In Class Action Over USC Plans

    LOS ANGELES — In a Nov. 2 in chambers order, a California federal magistrate found that certain documents related to a retirement plan offered by the California Institute of Technology (Caltech) were relevant to a class action filed over two retirement plans offered by the University of Southern California (USC), leading him to grant a motion to compel Caltech to produce the documents, ruling that the nonparty’s compliance would not be burdensome and finding the documents to not be privileged.

  • November 08, 2021

    Twitter, Texas AG Argue In 9th Circuit Whether 1st Amendment Suit Was Premature

    SAN FRANCISCO — In a Nov. 1 reply brief in the Ninth Circuit U.S. Court of Appeals, Twitter Inc. argues that a trial court improperly dismissed as premature its claim that Texas Attorney General (AG) Ken Paxton violated its rights under the First Amendment to the U.S. Constitution by serving it with a civil investigative demand (CID) seeking documents related to its content moderation policies, asserting that the investigation was in retaliation for Twitter’s suspension of then-President Donald Trump’s account.

  • November 05, 2021

    6th Circuit Won’t Expedite Section 1782 Challenge For High Court Review

    CINCINNATI — The Sixth Circuit U.S. Court of Appeals on Nov. 4 denied a motion for summary affirmance of a district court’s Section 1782 discovery order that was filed by the German automotive company’s U.S. subsidiary and two affiliated individuals against whom discovery was ordered, and who had sought the affirmance to “facilitate expeditious [U.S.] Supreme Court review” of their petition for a writ of certiorari challenging the discovery order.

  • November 04, 2021

    Wikimedia Asks 4th Circuit To Rethink Surveillance Suit, State Secrets Privilege

    RICHMOND, Va. — A Fourth Circuit U.S. Court of Appeals ruling that declined to order in camera review of documents concerning the National Security Agency’s upstream surveillance program “involves a question of exceptional importance concerning the availability of . . . safeguards against illegal surveillance” under the Foreign Intelligence Surveillance Act (FISA), Wikimedia Foundation argues in an Oct. 29 petition for rehearing en banc, arguing that the state secrets privilege does not negate these FISA protections.

  • November 01, 2021

    Disability Claimant Permitted To Conduct Limited Discovery, Federal Judge Says

    CAPE GIRARDEAU, Mo. — A Missouri federal judge on Oct. 21 granted a disability claimant’s motion to conduct limited discovery because limited discovery will help to determine whether the plan committed any procedural irregularities in handling the plan participant’s long-term disability (LTD) claim.

  • November 01, 2021

    Special Master In Reinsurance Suit: Don’t Compel, Do Allow Amendments

    DETROIT — Both parties disputing asbestos reinsurance billings should be granted leave to amend — with an in limine restriction on one of the grants — and a motion to compel should be denied and discovery should remain closed, a special master said in a report and recommendation filed Oct. 28 in a Michigan federal court.

  • November 01, 2021

    Insurance Fraud Defendants Waived Privilege, Must Submit Attorney Communications

    GREENVILLE, Tenn. — The Tennessee federal judge overseeing a three-year-old insurance fraud case on Oct. 26 issued an order clarifying that the defendants had waived any attorney-client privilege in attorney communications that relate to one defendant’s advice-of-counsel defense, ordering that all such documents be immediately submitted to the government in response to its motion to compel.

  • October 29, 2021

    Defendants Seek Unpublished Report Used By Plaintiffs’ Expert In PFAS Litigation

    GRAND RAPIDS, Mich. — The 3M Co. and another defendant on Oct. 22 filed a brief in Michigan federal court seeking to compel production of an unpublished document that is being cited by one of the plaintiffs’ experts in a lawsuit alleging injuries from exposure to per- and polyfluoroalkyl substances (PFAS).  The defendants seek the document because it purportedly contains an analysis by a professor who claims that 3M skewed studies to downplay the risks associated with PFAS exposure.

  • October 28, 2021

    High Court Stays Section 1782 Discovery For Arbitration Pending Review Of Petition

    WASHINGTON, D.C. — The U.S. Supreme Court on Oct. 27 stayed Section 1782 discovery ordered in a Michigan federal court against a German automotive company’s U.S. subsidiary and two affiliated individuals who have petitioned the high court for certiorari on the issue of whether discovery may be ordered for use in a prospective arbitration with a Hong Kong company.

  • October 26, 2021

    No Live Gameplay In Planned Copyright, Trademark Trial

    SAN FRANCISCO — A federal judge in California on Oct. 24 barred Atari Interactive Inc. from using an “Atari 2600” console at trial to perform a live gameplay demonstration in support of its copyright and trademark infringement allegations against a defendant.

  • October 26, 2021

    Magistrate:  Subpoena In Reinsurance Billings Case ‘Likely Untimely’

    LOS ANGELES — A California federal magistrate judge on Oct. 25 denied a third-party motion to quash a subpoena in a reinsurance billings dispute, also ruling that the subpoena was “likely untimely” and that the third party need not comply with it unless the plaintiffs obtain a sufficient extension of the discovery cutoff date.

  • October 26, 2021

    Railway Seeks Evidence From U.S. In Libby, Mont., Asbestos Claims Screening Suit

    MISSOULA, Mont. — In deciding not to intervene in a false claims action accusing a screening company of submitting fraudulent asbestos-related claims the U.S. Attorney’s Office would have had discussions with various federal agencies and individuals of which only it is aware but that could be crucial to the case, a railway argues in an Oct. 12 motion asking a federal court in Montana to compel production of the evidence.

  • October 25, 2021

    Transgender Man’s Title VII Suit Stayed For Arizona’s Appeal Of Discovery Ruling

    TUCSON, Ariz. — Arizona was granted a motion to stay a University of Arizona (UA) employee’s lawsuit alleging discrimination for the lack of insurance coverage for gender reassignment surgery on Oct. 21, with an Arizona federal judge finding the state entitled to pursue mandamus relief for a ruling that the state had waived the attorney-client privilege in a discovery dispute over documents that included the advice of counsel.

  • October 21, 2021

    Discovery Stay Request Denied Over Company’s Delay In Setting Up SLC

    COLUMBUS, Ohio — A federal judge in Ohio on Oct. 20 denied a motion to stay filed by a recently formed special litigation committee (SLC) of the board of directors of energy provider FirstEnergy Corp. in a shareholder derivative lawsuit stemming from the board’s alleged involvement in a massive bribery, racketeering and pay-to-play scheme with Ohio legislators, ruling that, considering all necessary factors, a discovery stay is not warranted due to FirstEnergy’s delay in setting up the SLC.

  • October 21, 2021

    CBP Must Disclose Some Documents Related To Summons Served On Twitter

    WASHINGTON, D.C. — Summary judgment motions by U.S. Customs and Border Protection (CBP) and a nonprofit organization that sued over the agency’s response to a Freedom of Information Act (FOIA) request were both granted in part on Oct. 18 by a District of Columbia federal judge who found that CBP did not establish the necessary showing of foreseeable harm that would result from disclosure of some of the withheld documents related to a 2017 summons that sought information about a user of Twitter Inc..

  • October 20, 2021

    Judge Details Discovery Plan In Insurers’ $14.5M Suit Brought Against Borrower

    RALEIGH, N.C. — A federal judge in North Carolina on Oct. 1 announced deadlines for discovery in a lawsuit filed by three insurers in rehabilitation seeking to recover $14.5 million from a borrower under a loan agreement for its alleged breach of contract in failing to make a first interest payment.

  • October 20, 2021

    Judge Orders Ukraine To Provide Discovery For Enforcement Of $172M Judgment

    WASHINGTON, D.C. — A District of Columbia federal judge on Oct. 18 granted a Russian oil company’s motion to compel production of discovery by Ukraine to aid in enforcement of a previously confirmed award worth more than $172 million, rejecting Ukraine’s objections as a “delaying tactic” and awarding the Russian company its costs associated with the motion.

  • October 19, 2021

    Magistrate Issues Qualified Protective Order In Suit Over Insolvent Health Plan

    CHICAGO — A federal magistrate judge in Illinois on Oct. 5 issued a qualified protective order in a lawsuit alleging that insurance brokers breached their duty of care because they knew or should have known that a multiple employer welfare arrangement (MEWA) was not in compliance with its structural requirements and was not financially sound.

  • October 19, 2021

    Firm, CEO Urge High Court To Review Discovery Mandate For Treaty-Based Arbitration

    WASHINGTON, D.C. — A consulting firm and its CEO on Oct. 5 filed a petition for a writ of certiorari to the U.S. Supreme Court, arguing that it must resolve a circuit split over the applicability of Section 1782 discovery in international arbitrations after another case on the issue before the high court was withdrawn, writing that its own case is “even more critical” as it concerns a treaty-based ad hoc arbitration.

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