Mealey's Discovery

  • August 07, 2020

    Reinsurer: Court Should Stay Discovery Pending Motion To Dismiss Bad Faith Claim

    MONTGOMERY, Ala. — A reinsurer argues in an Aug. 5 reply brief that an Alabama federal court has discretion and that an insurer would not be prejudiced by staying discovery pending resolution of the reinsurer's motion to dismiss the insurer's bad faith claims (Alabama Municipal Insurance Corporation v. Munich Reinsurance America, Inc., No. 20-300, M.D. Ala.).

  • August 05, 2020

    Insurer Opposes Discovery Stay Pending Reinsurer's Bid To Dismiss Bad Faith Claim

    MONTGOMERY, Ala. — An Alabama federal court should decline to stay discovery pending resolution of a motion to dismiss bad faith claims, an insurer argues in a July 30 brief, because evidence of a reinsurer's bad faith conduct is relevant to breach of contract claims and, therefore, discoverable even if the bad faith claims are ultimately dismissed (Alabama Municipal Insurance Corporation v. Munich Reinsurance America, Inc., No. 20-300, M.D. Ala.).

  • August 05, 2020

    Apple Seeks To Compel Documents From Samsung In App Store Antitrust Suit

    OAKLAND, Calif. — Reporting that efforts to resolve a discovery dispute with Samsung Electronics America Inc. "amicably have failed," Apple Inc. on July 31 asked a California federal court to compel its competitor, which is a nonparty to the present antitrust class action, to produce documents that Apple says will help to establish that it has not acted monopolistically in the smartphone app marketplace (In re:  Apple iPhone Antitrust Litigation, No. 4:11-cv-06714, N.D. Calif.).

  • August 05, 2020

    University Must Produce Some Personnel Files In Discrimination, Retaliation Suit

    KANSAS CITY, Kan. — Mostly denying a motion to compel discovery responses from a university, a Kansas federal magistrate judge on July 30 found that the personnel files for two administrators were relevant to a former employee's discrimination and retaliation claims, concluding that they were, at least, key witnesses, making their files relevant and discoverable (John Walker v. Newman University Inc., et al., No. 2:19-cv-02005, D. Kan., 2020 U.S. Dist. LEXIS 135083).

  • July 30, 2020

    Independent Pharmacies Lose Drug Pricing Disparity Discovery Bid

    HARRISBURG, Pa. — Independent pharmacies are not entitled to discovery into amounts benefit managers pay larger pharmacies, but the defendants could be aided by discovery into what plaintiffs receive from other benefit managers, a federal judge in Pennsylvania held July 28 (Robert D. Mabe Inc., et al. v. Optum RX, et al., No. 17-1102, M.D. Pa., 2020 U.S. Dist. LEXIS 133279).

  • July 30, 2020

    Federal Judge Limits Scope Of Proposed Expert's Testimony In Disability Benefits Suit

    PHOENIX — An Arizona federal judge on July 29 ruled that a disability claimant's proposed insurance expert is not qualified to testify on the claimant's understanding of the disability policy at issue because the testimony would constitute an inadmissible legal conclusion (Thomas Scott Wood v. Provident Life and Accident Insurance Co., No. 17-2330, D. Ariz., 2020 U.S. Dist. LEXIS 134263).

  • July 29, 2020

    Federal Judge Grants In Part Insurer's Motion In Limine In Earthquake Coverage Dispute

    OKLAHOMA CITY — A federal judge in Oklahoma on July 28 granted in part and denied in a part a homeowner insurer's motion in limine seeking to exclude evidence and testimony in 14 categories in a dispute over whether an earthquake or poor construction and soil changes caused insureds' property damage (Sean Smith, et al. v. CSAA Fire and Casualty Insurance Company, No. 7-01302, W.D. Okla., 2020 U.S. Dist. LEXIS 133465).

  • July 29, 2020

    Reinsurers:  Discovery On Allocation Needed Over Insurer's $120M Settlement

    BOSTON — A reinsurance billings dispute cannot easily be resolved by the "follow-the-settlements" doctrine, reinsurers argue in a July 28 reply brief in a Massachusetts federal court, asking that they be allowed to compel an insurer to provide documents concerning how the insurer allocated a $120 million settlement of environmental claims against its insured (Certain London Market Company Reinsurers v. Lamorak Insurance Co., No. 18-10534, D. Mass.).

  • July 28, 2020

    Magistrate Judge Orders Discovery Into Residential Treatment Parity Act Claims

    SALT LAKE CITY — Plaintiffs alleging improper denial of coverage for residential treatments under the Parity Act are entitled to discovery into an insurer's handling of medical and surgical claims, evidence about residential treatment coverage criteria and other information, but not discovery into how the insurer's other plan and policies cover such treatments, a federal magistrate judge in Utah said July 22 (D.K. v. United Behavioral Health, et al., No. 17-1328, D. Utah).

  • July 23, 2020

    Judge Denies Turkey's Petition For Discovery From Citizen Granted U.S. Asylum

    NEWARK, N.J. — A New Jersey federal judge on July 17 denied a second petition filed by the Republic of Turkey seeking discovery for a pending international arbitration from a Turkish citizen who was granted asylum in the United States and is currently facing separate criminal charges in Turkey as the court determined that enforcing the subpoenas might infringe on the citizen's rights against self-incrimination and jeopardize his asylum status (In re Ex parte petition of the Republic of Turkey for an order directing discovery from Hamit Çiçek, No. 19-20107, D. N.J., 2020 U.S. Dist. LEXIS 126512).

  • July 23, 2020

    Wikimedia Appeals State Secrets Ruling Over NSA Surveillance To 4th Circuit

    RICHMOND, Va. — In its second appeal to the Fourth Circuit U.S. Court of Appeals, Wikimedia Foundation says in a July 1 brief that a trial court incorrectly applied the state secrets privilege in disposing of its constitutional claims over the National Security Agency's (NSA) upstream surveillance program that it says included the interception of its communications (Wikimedia Foundation v. National Security Agency, et al., No. 20-1191, 4th Cir.).

  • July 21, 2020

    ACLUF: State Department Is Shirking Duties In Social Media Surveillance FOIA Row

    SAN FRANCISCO — In a July 17 joint status report, the American Civil Liberties Union Foundation (ACLUF) tells a California federal court that the Department of State has not been complying with its duties to provide timely responses to its Freedom of Information Act (FOIA) request for documents and information related to the federal government’s social media surveillance techniques (American Civil Liberties Union Foundation, et al. v. U.S. Department of Justice, et al., No. 3:19-cv-00290, N.D. Calif.).

  • July 20, 2020

    Government Agencies Must Supplement Privilege Logs In Capital One Data Breach Row

    ALEXANDRIA, Va. — In a one-page July 17 order, a Virginia federal magistrate judge partly granted a motion to compel by the plaintiffs suing Capital One Financial Corp. over its 2019 data breach, ordering intervenors the Board of Governors of the Federal Reserve System (FRS) and the Office of the Comptroller of the Currency (OCC) to provide a supplemental privilege log for documents that they withheld from discovery under the bank examination privilege (In re Capital One Customer Data Security Breach Litigation, No. 1:19-md-02915, E.D. Va.).

  • July 15, 2020

    Apple, Samsung Debate Discovery Of Galaxy Store Documents In Antitrust Suit

    OAKLAND, Calif. — In a July 13 joint discovery letter in California federal court, Apple Inc. defends its requests for production (RFPs) from Samsung Electronics America Inc., which is not a party to the app-pricing antitrust lawsuit against Apple, arguing that the competitor is uniquely positioned to provide data on the relevant smartphone app market to help it defend against consumer and developer claims of monopolization (In re:  Apple iPhone Antitrust Litigation, No. 4:11-cv-06714, N.D. Calif.).

  • July 14, 2020

    Florida Panel Quashes Order That Allowed Discovery Into Nursing Home Financials

    MIAMI — A Florida appellate panel on July 1 quashed a trial court’s order compelling discovery into a Miami-area nursing home’s financial records in a dispute over a resident’s death, ruling that the trial court failed to address the nursing home’s objection, failed to hold hearings on the potential relevance of the documents and improperly assumed that the documents were public record (Fair Havens Center LLC, et al. v. Estate of Dumitru Nicula, No. 3D20-205, Fla. App., 3rd Dist., 2020 Fla. App. LEXIS 9403).

  • July 14, 2020

    Kazakhstan Ordered To Produce Documents For Enforcement Of $506M Award

    WASHINGTON, D.C. — A District of Columbia magistrate judge in a June 24 minute order found that the Republic of Kazakhstan has failed to comply with a court order that it produce documents about its financial assets requested by the former owners of Kazakh oil companies who are pursuing enforcement of a previously confirmed $506 million arbitral award and sua sponte gave Kazakhstan two weeks to comply (Anatolie Stati, et al. v. Kazakhstan, No. 14-1638, D. D.C.).

  • July 14, 2020

    Insurer Rejects Reinsurers’ Discovery Bid On Allocation Process For $120M Settlement

    BOSTON — An insurer tells a Massachusetts federal court in a July 10 opposition brief that it is “a genuine misnomer” by reinsurers to request documents over “post-settlement allocation” for reinsurance billings when 36 of the 42 documents being sought from the insurer’s privilege log pre-date the $120 million settlement of environmental claims against its insured (Certain London Market Company Reinsurers v. Lamorak Insurance Co., No. 18-10534, D. Mass.).

  • July 13, 2020

    2nd Circuit Upholds CIA’s Glomar Response In FOIA Suit Over Syrian Documents

    NEW YORK — A Second Circuit U.S. Court of Appeals panel majority on July 9 found that public statements by President Donald J. Trump “did not officially acknowledge or inadvertently declassify the existence of” a Syrian rebel training program, thus making it appropriate for the Central Intelligence Agency to issue a Glomar response to a Freedom of Information Act (FOIA) request for related documents by The New York Times Company (NYT) (The New York Times Company, et al. v. Central Intelligence Agency, No. 18-2112, 2nd Cir., 2020 U.S. App. LEXIS 21258).

  • July 13, 2020

    Panel Affirms Denial Of Discovery To Investor For International Arbitration

    NEW YORK — The Second Circuit U.S. Court of Appeals on July 9 upheld the denial of an investor’s petition for discovery from banks for use in an arbitration before the China International Economic and Trade Arbitration Commission (CIETAC) over allegations that he was defrauded concerning his equity in Chinese music streaming companies (Hanwei Guo v. Deutsche Bank Securities Inc., et al., No. 19-781, 2nd Cir., 2020 U.S. App. LEXIS 21219).

  • July 09, 2020

    Magistrate Won’t Quash Discovery Of Doe Defendant’s Identity In Downloading Suit

    SAN DIEGO — Finding no evidence that an adult entertainment firm engaged in any misconduct or acted with unclean hands in its motion for discovery to identify a John Doe defendant accused of downloading its copyrighted works, a California federal magistrate judge on July 6 denied Doe’s motion to quash a subpoena served on his internet service provider (ISP) so that the company can pursue its copyright infringement claim against him (Strike 3 Holdings LLC v. John Doe, No. 3:20-cv-00067, S.D. Calif., 2020 U.S. Dist. LEXIS 118058).