Mealey's Discovery

  • March 03, 2020

    Allergen Wants Biocell Breast Implant Plaintiffs To Identify Themselves

    NEWARK, N.J. — Allergan Inc. on Feb. 28 asked the Biocell breast implant multidistrict litigation court to prohibit plaintiffs from filing anonymous pleadings under names such as “Jane Doe” and initials (In Re:  Allergen Biocell Textures Breast Implant Product Liability Litigation, MDL Docket No. 2921, No. 19-mn-2921, D. N.J.).

  • March 02, 2020

    Facebook, Plaintiffs Argue Over Custodians, Discovery Timeliness In Privacy Suit

    SAN FRANCISCO — In respective case management statements filed in California federal court on Feb. 27, Facebook Inc. and a putative class suing it over the Cambridge Analytica data-sharing incident blame each other for delays in the discovery process, arguing about such matters as search terms, depositions and the appropriate number of custodians (In re Facebook Inc., Consumer Privacy User Profile Litigation, No. 3:18-md-02843, N.D. Calif.).

  • February 28, 2020

    Arizona Disability Claimant Denied Discovery Into Alleged Conflicts Of Interest

    PHOENIX — A federal judge in Arizona on Feb. 25 denied a disability claimant’s request for discovery to supplement the administrative record in her suit alleging that her claim for long-term disability (LTD) was wrongfully denied, finding that she failed to demonstrate that the insurer’s alleged structural conflict of interest demands additional discovery or that information she sought about its medical reviewers’ alleged conflicts would be necessary for the court to conduct a de novo review (Leslie DeMarco v. Life Insurance Company of North America, et al., No. CV-19-02385, D. Ariz., 2020 U.S. Dist. LEXIS 31723).

  • February 18, 2020

    Oracle:  Attorney-Client Privilege Wrongly Applied To Rimini Technical Documents

    LAS VEGAS — More than a year after it was granted an injunction in a long-running software copyright dispute with Rimini Street Inc., Oracle USA Inc. filed an objection to a Nevada federal magistrate judge’s discovery ruling on Feb. 12, asserting that the defendant is using the attorney-client privilege to shield continued infringement (Oracle USA Inc., et al. v. Rimini Street Inc., et al., No. 2:10-cv-00106, D. Nev.).

  • February 14, 2020

    Facebook, Twitter Seek Supreme Court Guidance Over SCA Subpoena Responses

    WASHINGTON, D.C. — On Feb. 7, Facebook Inc. and Twitter Inc. filed a petition for certiorari asking the U.S. Supreme Court to decide whether subpoenas requiring the disclosure of users’ nonpublic social media account contents, which they say violate the Stored Communications Act (SCA), are constitutionally permissible (Facebook Inc., et al. v. The Superior Court of San Francisco County, et al., No. 19-1006, U.S. Sup.).

  • February 14, 2020

    6th Circuit Stays Some Opioid MDL Discovery, Will Hear Mandamus Arguments

    CINCINNATI — The Sixth Circuit U.S. Court of Appeals on Feb. 12 stayed the production of some opioid prescribing data by pharmacy chain defendants in the opioid multidistrict litigation and invited the opioid MDL court to respond to the pharmacies’ motion for a writ of mandamus against the production of dispensing information for an October trial (In Re:  National Prescription Opiate Litigation [In Re:  CVS Pharmacy, Inc., et al., No. 20-3075, 6th Cir.).

  • February 14, 2020

    Magistrate Judge Refuses To Disqualify Insurer’s Law Firm In Fraud Suit

    NEW YORK — A federal magistrate judge in New York in Feb. 12 refused to disqualify attorneys and a law firm representing an insurer that is accusing a compounding pharmacy and its pharmacists of submitting claims for medically unnecessary medications, finding that there is not enough evidence to show that the attorneys and firm participated in the claims verification process (State Farm Mutual Automobile Insurance Co., et al. v. 21st Century Pharmacy Inc., et al., No. 17 Civ. 5845, E.D. N.Y., 2020 U.S. Dist. LEXIS 24646).

  • February 14, 2020

    Judge:  EPA’s FOIA Response ‘Inadequate,’ But Glyphosate Items Still Withheld

    WASHINGTON, D.C. — A federal judge in the U.S. District Court for the District of Columbia on Feb. 12 partially granted and partially denied a law firm’s requests for information from the U.S. Environmental Protection Agency under the Freedom of Information Act (FOIA) pertaining to the EPA’s communication related to its classification of glyphosate as noncarcinogenic. The judge held that although the EPA’s search for communications was “inadequate,” it could still withhold a variety of material (Husch Blackwell LLP v. United States Environmental Protection Agency, No. 18-1213, D. D.C., 2020 U.S. Dist. LEXIS 24322).

  • February 12, 2020

    Bifurcated Discovery Denied In Understaffing Class Claim Against Nursing Home

    BROOKLYN, N.Y. — Finding a variety of failures with discovery requests and motions filed by the brother of a deceased nursing home resident and parties associated with the facility, a New York federal magistrate judge on Jan. 23 declined to bifurcate or “trifurcate” merits and class certification discovery, ordering consolidated discovery and directing that future filings be in accord with federal guidelines (Walter Chow v. SentosaCare LLC, et al., No. 1:19-cv-03541, E.D. N.Y., 2020 U.S. Dist. LEXIS 20770).

  • February 12, 2020

    Interested Party Objects To Insolvent Insurer’s Subpoena Of Bank Accounts

    WEST PALM BEACH, Fla. — In a Florida bankruptcy proceeding, an interested party on Feb. 7 objected to a subpoena of bank accounts belonging to the party because the information sought relates only to an insolvent insurer’s fraudulent transfer claims that had been dismissed (In re:  British American Insurance Company Ltd., Chapter 15, Nos. 09-31881 and 09-35888, British American Insurance Company Ltd. v. Robert Fullerton, et al., No. 11-03118, S.D. Fla. Bkcy.).

  • February 06, 2020

    COMMENTARY: The Second Circuit Adds Muscle And Extraterritorial Reach To Title 28 U.S.C. § 1782

    By Matthew T. McLaughlin

  • February 11, 2020

    Amazon, Microsoft Debate Discovery, Trump Deposition In JEDI Contract Dispute

    WASHINGTON, D.C. —  In redacted documents filed Feb. 10 in the U.S. Court of Federal Claims, Amazon Web Services Inc. and Microsoft Corp. argue over Amazon’s motion to supplement the administrative record (AR) in its protest of the recent awarding of the multibillion-dollar Joint Enterprise Defense Infrastructure (JEDI) contract to Microsoft by the U.S. Department of Defense (DOD), including Amazon’s requests for document production and a deposition of President Donald J. Trump (Amazon Web Services Inc. v. United States, No. 1:19-cv-01796, Fed. Clms.).

  • February 10, 2020

    Bad Faith Claims In Insurance Dispute Bifurcated; Discovery Allowed To Proceed

    ANCHORAGE, Alaska — A federal judge in Alaska on Jan. 24 granted an insurer’s motion to bifurcate a plaintiff’s underinsured/uninsured motorist (UIM) claim in a breach of contract and bad faith lawsuit from her bad faith claims at trial, ruling that the parties then must try the plaintiffs’ bad faith claims before the same jury (Anastasia Tanner v. State Farm Mutual Automobile Insurance Co., No. 19-0253, D. Alaska, 2020 U.S. Dist. LEXIS 11767).

  • February 07, 2020

    Google To 9th Circuit: AdWords UCL Suit Properly Dismissed For Lack Of Standing

    SAN FRANCISCO — In a Feb. 3 appellee brief, Google LLC tells the Ninth Circuit U.S. Court of Appeals that a trial court properly dismissed claims alleging breach of contract and violation of California’s unfair competition law (UCL) related to a purported overcharge scheme in its AdWords program, arguing that the lone plaintiff in the nine-year-old lawsuit lacked standing and failed to comply with federal discovery rules (Rene Cabrera v. Google LLC, No. 19-16466, 9th Cir.).

  • February 06, 2020

    New York Justice Orders Asbestos Testing On Film Editing Machines

    NEW YORK — A film editing machines company must produce models in its possession for testing, even though the plaintiff’s testing of a machine purchased online showed the presence of asbestos, a New York justice held in an opinion posted Feb. 5 (Eric Slonim, et al. v Altman Stage Lighting Co., et al., No. 190339/2017, N.Y. Sup., New York Co., 2020 N.Y. Misc. LEXIS 360).

  • February 06, 2020

    Insurer Compelled To Submit Reinsurance Info In Hurricane Coverage Case

    BATON ROUGE, La. — A Louisiana federal magistrate judge on Jan. 28 ordered an insurer to turn over reinsurance information he found to be relevant to an insured’s bad faith coverage dispute over property damage sustained from Hurricane Maria (Lamar Advertising Co. v. Zurich American Insurance Co., No. 18-1060, M.D. La., 2020 U.S. Dist. LEXIS 13891).

  • February 05, 2020

    4th Circuit Won’t Reconsider Order Denying Filter Team Review Of Seized Files

    RICHMOND, Va. — A week after a Fourth Circuit U.S. Court of Appeals panel denied the U.S. government’s motion to rehear a dispute over whether it was appropriate for a court-appointed filter team, rather than a magistrate, to search seized files for documents responsive to a search warrant, the panel on Feb. 5 issued a mandate memorializing an Oct. 31 ruling in which it found that the filter team review violated constitutional protections and the attorney-client privilege (In re:  Search Warrant Issued June 13, 2019, No. 19-1730, 4th Cir., 2020 U.S. App. LEXIS 2899).

  • February 05, 2020

    Privilege Claims In 11,000 Documents Challenged By Plaintiffs In Bitcoin Row

    WEST PALM BEACH, Fla. — Three weeks after a bitcoin pioneer submitted documents in a long-delayed response to multiple discovery orders, the plaintiffs in a dispute over the ownership of a bitcoin fortune filed a challenge to thousands of the defendant’s privilege designations in Florida federal court on Feb. 2, accusing him of a “pattern of obfuscation” (Ira Kleiman, et al. v. Craig Wright, No. 9:18-cv-80176, S.D. Fla.).

  • February 05, 2020

    Pharmacy Defendants Ask 6th Circuit To Block Order For Opioid Transaction Data

    CINCINNATI — Six pharmacy chains on Jan. 22 filed a petition for a writ of mandamus in the Sixth Circuit U.S. Court of Appeals that seeks to block the opioid multidistrict litigation court from forcing them to disclose “transaction level” prescription order data (In Re:  CVS Pharmacy, Inc., No. 20-3075, 6th Cir.).

  • February 04, 2020

    GDPR Does Not Bar Mercedes’ Discovery Of EU Citizens’ Data, Magistrate Rules

    NEWARK, N.J. — The broad protection of European Union (EU) citizens’ data provided by the General Data Protection Regulation (GDPR) does not serve to prevent production of personal data deemed relevant to the claims in a lawsuit, a New Jersey federal magistrate judge ruled Jan. 30, affirming a special master’s order directing Mercedes-Benz USA LLC to submit certain employee data in a class action over alleged environmental impact misrepresentation (In Re Mercedes-Benz Emissions Litigation, No. 2-16-cv-00881, D. N.J., 2020 U.S. Dist. LEXIS 15967).

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