Mealey's Discovery

  • May 01, 2019

    Federal Circuit Petitioned For Mandamus In Source Code Dispute

    WASHINGTON, D.C. — In an April 22 petition for mandamus filed with the Federal Circuit U.S. Court of Appeals, a patent owner and its licensee assert the U.S. Court of Federal Claims abused its discretion when, in an April 2019 unpublished decision, it refused to order a third-party government contractor to produce documents showing the functionality of its source code (In re 3rd Eye Surveillance LLC, et al., No. 19-119, Fed. Cir.).

  • April 30, 2019

    Justice Quashes Subpoenas For Expert Witness Depositions In Superstorm Sandy Suit

    CENTRAL ISLIP, N.Y. — A New York justice on April 17 granted an insurer’s motion to quash three subpoenas for expert witness depositions in a Superstorm Sandy coverage dispute (James Halpin v. Chubb Indemnity Insurance Co., No. 13-63696, N.Y. Sup., Suffolk Co., 2019 N.Y. Misc. LEXIS 1936).

  • April 26, 2019

    Federal Judge Grants Discovery In Health Insurance Air Transport Coverage Case

    OKLAHOMA CITY — A federal judge in Oklahoma on April 23 granted plaintiffs additional time for discovery into their individual action against a health insurer they claim failed to properly cover air transport costs for their newborn child (Christina and Jeffrey Terry, et al. v. Health Care Service Corp., No. 18-415, W.D. Okla., 2019 U.S. Dist. LEXIS 68601).

  • April 23, 2019

    Discovery Is Limited To Administrative Record, Texas Federal Judge Says

    DALLAS — Additional discovery regarding a disability insurer’s alleged conflict of interest and procedural unreasonableness is not warranted because under the applicable de novo standard of review, discovery is limited to the administrate record, a Texas federal judge said April 22 in denying the disability claimant’s motion to compel discovery (Jose Chavez v. Standard Insurance Co., No. 18-2013, N.D. Texas, 2019 U.S. Dist. LEXIS 67669).

  • April 23, 2019

    Bifurcation Will Prevent Prejudice To Auto Insurer, Kentucky Federal Judge Says

    LEXINGTON, Ky. — A Kentucky federal judge on April 22 granted an auto insurer’s motion to bifurcate a bad faith claim from a breach of contract claim after determining that bifurcation will prevent prejudice to the auto insurer and will further judicial economy by limiting discovery until after liability has been established (Thea Mason v. State Farm Mutual Auto Insurance Co., No. 19-2, E.D. Ky., 2019 U.S. Dist. LEXIS 67803).

  • April 22, 2019

    Asbestos Lawyer Says Former Law Firm Can’t Escape Data Release Lawsuit

    SAN FRANCISCO — A lawyer’s discussions with asbestos expert witnesses are entitled to constitutional privacy protections, and even if his law firm owns the alternative causation work product he created, claims alleging interference with his ability to seek employment constitute independent wrongful acts sufficient to survive summary adjudication, an attorney told a California appeals court on March 8 (Evan C. Nelson v. Tucker Ellis LLP, No. A153661, Calif. App., 1st Dist.).

  • April 22, 2019

    Confidentiality, Harm Debated In Supreme Court Arguments Over FOIA Exemption

    WASHINGTON, D.C. — The U.S. government, a newspaper and a retailer trade association offered arguments about the necessity of demonstrating likely harm from the disclosure of information under the Freedom of Information Act (FOIA) before the U.S. Supreme Court on April 22, disputing whether assurances of confidentiality and assertions of trade secrets are sufficient to invoke an exemption to the act (Food Marketing Institute v. Argus Leader Media, No. 18-481, U.S. Sup.).

  • April 22, 2019

    Magistrate: Evidence Supports Inference On Statements Regarding Patient Payment

    MIAMI — A federal magistrate judge in Florida on April 18 held that a health care clinic patient’s statement in a police report can support an inference that a clinic employee accused of participating in a scheme to submit fraudulent no-fault personal injury protection claims to an insurance company paid patients to receive treatment at the facility and paid patients to refer someone else to the clinic (Government Employees Insurance Co., et al. v. Quality Diagnostic Health Care Inc., et al., No. 18-cv-20101, S.D. Fla., 2019 U.S. Dist. LEXIS 67262).

  • April 19, 2019

    New York Justice Admits Asbestos-Talc Testing Report, Denies Summary Judgment

    NEW YORK — A hospital’s failure to turn over pathology evidence until after the close of discovery warrants the late admission of an expert’s testing results in a woman’s asbestos-talc case, a New York justice held March 26 (Jenny Shulman, et al. v. Brenntag North America Inc., et al., No. 190025/2017, N.Y. Sup., New York Co., 2019 N.Y. Misc. LEXIS 1293).

  • April 19, 2019

    Motorola Denied Expanded Discovery In 2-Way Radio Trade Secret, Copyright Suit

    CHICAGO — Stating that there has already been “enough discovery . . . to choke a horse” in a dispute over two-way radio technology between Motorola Solutions Inc. and a Chinese firm, an Illinois federal magistrate judge on April 15 denied Motorola’s motion to compel discovery related to a product that he found was outside the scope of the trade secret and copyright claims at issue (Motorola Solutions Inc. v. Hytera Communications Corp., et al., No. 1:17-cv-01973, N.D. Ill.; 20192019 U.S. Dist. LEXIS 64005).

  • April 19, 2019

    Judge: DuPont May Depose Cancer Victim’s Wife, But Not Compel More Discovery

    BUFFALO, N.Y. — A federal magistrate judge in New York on March 27 ruled that E.I. DuPont de Nemours & Co. could depose the wife of a man who claims that the company is liable for causing his cancer as a result of chemical exposure, but the judge said DuPont could not compel the production of more documents from the plaintiffs’ experts (James H. Sarkees, et al. v. E.I. DuPont de Nemours and Company, et al., No. 17-651, W.D. N.Y., 2019 U.S. Dist. LEXIS 52200).

  • April 18, 2019

    Justice: Unrelated Depositions Can’t Keep Company In Asbestos Action

    NEW YORK — Depositions from unrelated asbestos actions are not sufficient by themselves to overcome a defendant’s motion for summary judgment in a lung cancer case, a New York justice held in an opinion posted April 17 (John C. Spicijaric, et al. v. A.O. Smith Water Products Co., et al., No. 190014/2016, N.Y. Sup., New York Co.).

  • April 17, 2019

    Federal Magistrate Judge Partially Grants Protective Order For Class Communications

    PROVIDENCE, R.I. — A Rhode Island federal magistrate judge on April 12 partially granted a motion for a protective order governing communications between a pet food maker and putative class members in a suit over recalled dog food, ordering only that a limited clarification be issued addressing the meaning of a deadline in one letter (Jennifer Jubinville, et al. v. Hill’s Pet Nutrition, Inc., et al., No. 18-74, D. R.I., 2019 U.S. Dist. LEXIS 63120).

  • April 17, 2019

    Chevron: Lago Agrio Attorney’s Contempt Is ‘Beyond Doubt’ Regarding Discovery

    NEW YORK — Chevron Corp. on April 15 filed a brief in New York federal court contending that “it is now beyond doubt” that Steven R. Donziger, the attorney who won an $18.5 billion judgment against Chevron Corp. in a court in Ecuador for injuries only to have it reversed, is in contempt of the district court’s orders regarding the discovery of data on the attorney’s electronic devices (Chevron Corporation v. Steven Donziger, No. 11-691, S.D. N.Y.).

  • April 15, 2019

    Judge: Relators Didn’t Make Case For Profit Data In HIV Drug False Claims Suit

    TRENTON, N.J. — A New Jersey federal judge on April 8 affirmed a magistrate judge’s ruling that plaintiffs in an HIV false claims lawsuit had not shown a right to know how the manufacturer profited from the drugs or that the information is relevant at this stage of the lawsuit (United States, ex rel. Jessica Penelow, et al. v. Johnson & Johnson, et al., No. 12-7758, D. N.J., 2019 U.S. Dist. LEXIS 60437).

  • April 15, 2019

    Discovery Briefing Ordered In Lawsuit Over $11.4 Billion Bitcoin Fortune

    WEST PALM BEACH, Fla. — Following an April 11 discovery conference, a Florida federal magistrate judge in a paperless minute entry ordered the parties in a dispute over the ownership of a multibillion dollar bitcoin cache, which belonged to a deceased bitcoin miner, to submit further briefs addressing discovery disputes related to the production of documents and other items (Ira Kleiman, et al. v. Craig Wright, No. 9:18-cv-80176, S.D. Fla.).

  • April 12, 2019

    Apple Seeks Sanctions For Counsel That Quoted Sealed Documents During Hearing

    SAN JOSE, Calif. — Citing what it calls willful behavior by two of the attorneys representing a putative class of iPhone users, Apple Inc. on April 9 asked a California federal court to sanction the counsel for quoting from documents that which were designated as confidential during discovery at a public hearing on a motion to dismiss the lawsuit alleging degraded performance in the plaintiffs’ mobile devices (In re:  Apple Inc. Device Performance Litigation, No. 5:18-md-02827, N.D. Calif.).

  • April 10, 2019

    Judge Orders Discovery In UCL, CLRA Case, Dismisses Entity For Lack Of Jurisdiction

    SAN FRANCISCO — A California federal judge on April 5 denied and granted motions to dismiss claims for violations of California’s unfair competition law (UCL) and other causes of action against cosmetic companies, ordering jurisdictional evidentiary discovery to determine whether one entity was mistakenly listed on another company’s website (Kari Miller, et al. v. Peter Thomas Roth, LLC, et al., No. 19-00698, N.D. Calif., 2019 U.S. Dist. LEXIS 59420).

  • April 10, 2019

    Judge Enjoins Pharmacist From Dissipating Funds Derived From Fraud Scheme

    OKLAHOMA CITY — A pharmacist accused of submitting fraudulent bills to Medicare for prescriptions filled at two pharmacies he owned and operated was enjoined by a federal judge in Oklahoma March 26 from transferring or dissipating the more than $1 million he earned from the scheme (United States v. Jeffrey Scott Terry, No. 19-cv-250, W.D. Okla.).

  • April 10, 2019

    Insurer’s Subpoenas Partly Modified In Coverage Dispute Over Apartment Collapse

    BALTIMORE — In an April 8 ruling, a Maryland federal magistrate judge granted in part two discovery motions by the owner of an apartment building at the center of an insurance coverage dispute, limiting the scope of an insurer’s subpoenas on the building owner’s engineering and accounting firms, deeming certain tax information and communications sought to be privileged and private (Jowite Ltd. Partnership v. Federal Insurance Co., No. 1:18-cv-02413, D. Md. 2019 U.S. Dist. LEXIS 59726).

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