Mealey's Discovery

  • August 27, 2019

    Judge Tells Plaintiffs To Narrow Asbestos Deposition Testimony Issues

    TACOMA, Wash. — Several issues listed in a notice of deposition served on an automotive parts company lack any limiting time frame and are overly broad, a federal judge in Washington said Aug. 7 (Eric Klopman-Baerselman, et al. v. Air & Liquid Systems Corp., et al., No. 18-5536, W.D. Wash., 2019 U.S. Dist. LEXIS 132804).

  • August 27, 2019

    California Legislature Sends Mesothelioma Deposition Capping Bill To Governor

    SACRAMENTO, Calif. — Legislation capping depositions at seven hours for those suffering from mesothelioma came before California Gov. Gavin Newsom on Aug. 23.

  • August 23, 2019

    Group:  Agency Must Produce Interior Documents Related To Energy Interests

    WASHINGTON, D.C. — An environmental group on Aug. 21 filed a complaint against the Trump administration under the Freedom of Information Act (FOIA), seeking declaratory and injunctive relief to compel compliance with the group’s request for communications among Secretary of the Interior David Bernhardt, individuals at his former lobbying firm and members of the oil and gas industry (Western Values Project v. U.S. Department of the Interior, No. 19-2527, D. D.C.).

  • August 23, 2019

    Florida Panel Quashes Discovery Order In Hurricane Irma Suit Against Insurer

    WEST PALM BEACH, Fla. — A Florida appeals panel on Aug. 21 granted a homeowners insurer’s petition for a writ of certiorari seeking to quash a lower court’s interlocutory discovery order, finding that the insureds’ discovery requests regarding the insurer’s claim files and underwriting files “are improper on their face” (Homeowners Choice Property & Casualty Insurance Company v. Michael Mahady, et al., No. 4D19-142, Fla. App., 4th Dist., 2019 Fla. App. LEXIS 12893).

  • August 23, 2019

    Republic Of Kazakhstan’s Request To Stay Discovery Denied In D.C.

    WASHINGTON, D.C. — In a minute order issued Aug. 13, a federal magistrate judge in the District of Columbia rejected efforts by the Republic of Kazakhstan to stay further discovery of its foreign and domestic assets following entry of a $506,660,597.40 judgment entered in July (Anatolie Stati, et al. v. Republic of Kazakhstan, No. 14-1638, D. D.C.).

  • August 23, 2019

    Review Of Sanctions Award In Trade Secrets Suit Not Warranted, Respondents Argue

    WASHINGTON, D.C. — U.S. Supreme Court review of a federal circuit court’s ruling upholding the issuance of a punitive sua sponte terminating sanctions order (TSO) in a trade secret misappropriation lawsuit is not warranted because no “factual or legal grounds” for review exist, respondents argue in an Aug. 12 opposition brief filed in the Supreme Court (Loop AI Labs Inc., et al. v. Anna Gatti, et al., No. 19-59, U.S. Sup.).

  • August 21, 2019

    Claims File Materials Are Not Discoverable For Contract Claims Against Auto Insurer

    CINCINNATI — An auto insurer is not required to produce materials protected by the work product doctrine or attorney-client privilege in its claims file or to produce its representatives for depositions regarding the materials until after the breach of contract and declaratory judgment claims are resolved because the materials relate to the bad faith claim, which was bifurcated from the contractual claims, the First District Ohio Court of Appeals said Aug. 16 (Stephen Loukinas, et al. v. State Farm Mutual Automobile Insurance Co., No. C-180462, Ohio App., 1st Dist., 2019 Ohio App. LEXIS 3387).

  • August 20, 2019

    3rd Circuit Upholds Limiting Access To Asbestos Trust Information

    PHILADELPHIA — The Third Circuit U.S. Court of Appeals on Aug. 16 affirmed the denial of a request by Ford Motor Co. and Honeywell International Inc. to have “full access” to claimants’ information from nine asbestos bankruptcy trusts data in search of evidence of fraud, finding that the limits placed on the companies’ access to the information were proper (In re:  AC&S, Inc., et al., No. 18-1951, 3rd Cir., 2019 U.S. App. LEXIS 24668).

  • August 14, 2019

    Twitch May Subpoena ISPs To Identify Anonymous Posters Of Offensive Content

    SAN FRANCISCO — In an Aug. 7 order, a California federal judge found that Twitch Interactive Inc. had shown good cause to conduct early discovery to identify anonymous defendants who posted objectionable content on its video-streaming platform by subpoenaing internet service providers (ISPs) and other companies to obtain information to identify the Doe defendants for the purpose of pursuing trademark infringement and other claims against them (Twitch Interactive Inc. v. John and Jane Does 1 through 100, No. 3:19-cv-03418, N.D. Calif., 2019 U.S. Dist. LEXIS 132842).

  • August 12, 2019

    Asbestos Plaintiffs Urge Court To Reject J&J’s Challenge To CEO Deposition

    NEW YORK — Johnson & Johnson submits the same facts, hoping this time they will convince the court to block the deposition of its top executive, and improperly introduces evidence in an effort to bolster its appellate stance, plaintiffs tell a New York justice in a July 31 court document viewed by Mealey Publications (Donald Minassian, et al. v. Brenntag North America, et al., No. 190399/2018, N.Y. Sup., New York Co.).

  • August 12, 2019

    Groups:  Writ Of Mandamus Needed For Records About Possible Fracking Site

    DENVER — Residents, environmental organizations and nuclear workers advocacy groups on July 31 moved in Colorado federal court for a writ of mandamus ordering 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 (Alliance of Nuclear Workers Advocacy Groups, et al. v. United States of America, No. 19-76, D. Colo.).

  • August 09, 2019

    New York Justice Says Remaining Discovery Won’t Halt Trial Schedule

    NEW YORK — Adequate time remains for a scientific supply company to complete discovery before a trial in a former pathology student’s asbestos case, a New York justice held in an opinion posted Aug. 6 (Michael Rosen v. Baltimore Aircoil Company Inc., et al., No. 190392/2018, N.Y. Sup., New York Co., 2019 N.Y. Misc. LEXIS 4250).

  • August 08, 2019

    Commissioner Asks To Quash Subpoena In Reinsurer’s Breach Of Contract Case

    SACRAMENTO, Calif. — The California insurance commissioner on Aug. 6 asked a California federal court to quash a deposition subpoena in a breach of contract lawsuit filed by a reinsurer and its affiliates in a Nebraska federal court over a workers’ compensation program involving a reinsurance participation agreement (RPA) (Applied Underwriters Captive Risk Assurance Company Inc. v. Ramesh Pitamber & Kusum Pitamber, et al., No. 19-mc-00129, E.D. Calif.).

  • August 07, 2019

    Insured Seeks Resolution Of Discovery Disagreement In Reinsurance Contracts Case

    BRIDGEPORT, Conn. — An insured in an Aug. 2 letter is asking a federal judge in Connecticut for assistance in resolving a disagreement between it and defendants regarding responses to written discovery requests in its dispute over a series of workers’ compensation insurance and reinsurance contracts (Charter Oak Oil Co. Inc. v. Applied Underwriters Inc., et al., No. 17-00689, D. Conn.).

  • August 07, 2019

    Group:  Trump Administration Violated Law Related To Fracking Information Request

    WASHINGTON, D.C. — An environmental advocacy group on July 26 filed a complaint in District of Columbia federal court contending that the Trump administration has wrongfully withheld records related to the group’s Freedom of Information Act (FOIA) request, as it pertains to information about hydraulic fracturing activities on federal land (WildEarth Guardians v. U.S. Secretary of the Interior, et al., No. 19-2233, D. D.C.).

  • August 07, 2019

    AP, Reporters Group Argue The FBI Wrongly Withheld FOIA Responsive Documents

    WASHINGTON, D.C. — The Federal Bureau of Investigation has failed to establish that documents it redacted and withheld in response to Freedom of Information Act (FOIA) requests were covered by the statute’s exemptions, The Associated Press and a reporters group argue in a July 25 cross-motion for summary judgment in District of Columbia federal court (The Reporters Committee for Freedom of the Press, et al. v. Federal Bureau of Investigation, et al., No. 1:15-cv-01392 and 1:18-cv-00345, D. D.C.).

  • August 07, 2019

    Judge:  Compelled Fingerprint Unlock Of Cellphone Does Not Violate 5th Amendment

    BOISE, Idaho — A warrant compelling a suspect to provide access to his locked cellphone via biometric means does not violate the Fifth Amendment to the U.S. Constitution, an Idaho Federal judge ruled July 26, concluding that the fingerprint “does not require the suspect to provide any testimonial evidence” (In re the Search of a White Google Pixel 3 XL Cellphone in a Black Incipio Case, No. 1:19-mj-10441, D. Idaho, 2019 U.S. Dist. LEXIS 125243).

  • August 07, 2019

    Magistrate Won’t Limit Depositions In Dispute Over Construction Of Mosque

    TRENTON, N.J. — Finding that a township failed to identify the information it sought to shield from depositions in a dispute over a proposed mosque construction, a New Jersey federal magistrate judge on July 29 denied the township’s motion for protective order (Christopher Quick, et al. v. Bernards, et al., No. 3:17-cv-05595, D. N.J., 2019 U.S. Dist. LEXIS 126028).

  • August 06, 2019

    Judge Grants Judgment As 2nd Defendant Battles Asbestos Discovery Order

    TACOMA, Wash. — A federal judge in Washington granted an asbestos automobile parts manufacturer summary judgment Aug. 5; on Aug. 2 plaintiffs told a judge he need not reconsider a ruling finding that a second defendant failed to fully respond to interrogatories (Eric Klopman-Baerselman, et al. v. Air & Liquid Systems Corp., et al., No. 18-5536, W.D. Wash.).

  • August 06, 2019

    Homeowners Sanctioned For Not Producing Recording In Fire Coverage Dispute

    EASTERN HATTIESBURG, Miss. — The failure of the plaintiffs in a house fire coverage lawsuit to timely produce the recording of a conversation with their insurance adjuster merited monetary and preclusive discovery sanctions, a Mississippi federal magistrate judge ruled Aug. 1, stopping short of the dismissal sanctions sought by the defendant insurer (Lynda B. Jarrell, et al. v. Shelter Mutual Insurance Co., No. 2:18-cv-00183, S.D. Miss., 2019 U.S. Dist. LEXIS 128576).

Can't find the article you're looking for? Click here to search the Mealey's Discovery archive.