Mealey's Discovery

  • June 08, 2022

    Initial Settlement Approval, Seal Sought In Remanded IPO Securities Fraud Suit

    SAN FRANCISCO — The plaintiffs in a securities fraud suit that was voluntarily removed from the U.S. Supreme Court’s docket after being granted certiorari for a question over a discovery stay in securities litigation filed a motion on June 2 to seal the “blow provision” within the proposed $2.75 million settlement of putative class claims under the Securities Act.

  • June 07, 2022

    FBI, DOJ Prevail In FOIA Deliberative Process Privilege Dispute With The AP

    WASHINGTON, D.C. — The FBI and the U.S. Department of Justice (DOJ) prevailed in the third round of summary judgment motions in a Freedom of Information Act (FOIA) dispute with the Associated Press (AP), with a District of Columbia federal judge on June 3 finding that the government agencies properly invoked the deliberative process privilege because they had demonstrated “the precise damage” that would occur if claimed privileged documents were disclosed.

  • June 01, 2022

    Defendant Exits Bartender Asbestos Case; 2nd Fights Employment Record Subpoena

    NEW ORLEANS — A federal judge in Louisiana on May 26 granted a defendant’s unopposed motion for summary judgment in a take-home asbestos case brought by a former bartender while being told by a second defendant to quash a subpoena seeking employment records that include private information that the owners do not wish released.

  • June 01, 2022

    Parties Battle Over Discovery Issues In Reinsurance Breach Of Contract Suit

    MONTGOMERY, Ala. — Discovery battles continue in a breach of contract dispute over reinsurance billings, with replies filed May 23 and May 31 in an Alabama federal court concerning, respectively, the reinsurer’s motion to compel testimony and the insurer’s motion to compel production of documents.

  • May 31, 2022

    Parties Dispute Discovery Planning Conference Request In Declaratory Judgment Suit

    BOSTON — In filings dated May 9 and May 20, the parties in a declaratory judgment suit regarding a stock purchase agreement (SPA) and reinsurance agreement dispute the plaintiff’s request that a Massachusetts federal court order a discovery planning conference, with the defendant arguing that holding such a conference “is not practicable” because of its pending motion to dismiss and issues raised in that motion.

  • May 27, 2022

    Opioid Settlement Didn’t End Sanctions Threat For Arnold & Porter, Judge Says

    CENTRAL ISLIP, N.Y. — A New York state court judge on May 25 ruled that defense firm Arnold & Porter Kaye Scholer LLP did not escape civil contempt sanctions for discovery violations after an underlying opioid lawsuit settled but agreed to review related defense documents in camera before making a decision.

  • May 26, 2022

    Judge Allows More Discovery In UCL, Patent Dispute Between Meat Substitute Makers

    SACRAMENTO, Calif. — A California federal judge on May 24 granted a meat substitute maker’s application for discovery from another meat substitute company into the intent of emails sent to an investor alleging trade secret misappropriation pertaining to one company’s patent, leading both parties to file complaints accusing each other of violating California’s unfair competition law (UCL).

  • May 25, 2022

    Majority: Discovery Sanction In Explosion Coverage Suit Was ‘Erroneous,’ ‘Abusive’

    SHREVEPORT, La. — A majority of a Louisiana appeals court on May 18 held that a lower court erred in imposing a discovery sanction that a jury would be instructed that insurers had knowledge of their insured’s operations before issuing their insurance policies, reversing the lower court’s grant of summary judgment in favor of Louisiana’s military department and state police in a lawsuit arising from an explosion at Camp Minden.

  • May 24, 2022

    Privilege Dispute In Reinsurance Billings Suit Is Referred To Magistrate Judge

    LOS ANGELES — In an order issued without explanation and over the opposition of a defendant, a California federal judge on May 20 granted the plaintiffs’ motion to refer a dispute over privilege in a reinsurance billings suit to a magistrate judge.

  • May 24, 2022

    Company Makes Last-Ditch Effort At Overturning $300,000 Asbestos Trial Sanction

    COLUMBIA, S.C. — A trial court imposed historic sanctions on a company awarded a defense verdict after its in-trial production of evidence never previously requested in the case, an unfair, unlawful and illogical result the South Carolina Supreme Court must review, a company argues in a May 6 reply brief.

  • May 23, 2022

    Judge Orders Hospital To Produce Asbestos Pathology Materials

    MIAMI — A federal judge in Florida on May 11 granted a motion to compel and ordered a hospital in the state to comply with a subpoena and produce asbestos-related evidence of one of its patients.

  • May 19, 2022

    9th Circuit Orders Briefs On State Secrets Privilege In Remanded Surveillance Suit

    SAN FRANCISCO — Two months after the U.S. Supreme Court ruled that the Foreign Intelligence Surveillance Act (FISA) does not displace the state secrets privilege, a Ninth Circuit U.S. Court of Appeals panel on May 10 directed the Federal Bureau of Investigation and a group of Muslim Americans who sued over domestic surveillance to submit briefs on questions about application of the privilege that the appeals court should address on remand.

  • May 19, 2022

    Oil Companies’ Subpoena To Enforce Award Against Yemen ‘Overbroad,’ Judge Rules

    NEW YORK — A New York federal judge on May 18 denied three oil companies’ motion to compel the Federal Reserve Bank of New York to comply with a subpoena for information about the Central Bank of Yemen’s accounts to enforce an arbitral award worth more than $3 million because the subpoena is “overbroad” as written, but also rejected the Fed’s arguments that such a subpoena is improper and directed the parties to discuss next steps at a future conference.

  • May 18, 2022

    Plaintiffs In Meta Antitrust Suit Seek Documents From Data-Sharing Privacy Suit

    SAN FRANCISCO — In a May 13 letter brief, a group of consumer plaintiffs who allege Sherman Act monopolization claims against Meta Platforms Inc. ask a California federal court to compel the operator of the Facebook social network to produce documents from the class action lawsuit over the 2015 Cambridge Analytica data-sharing incident, arguing that information about Meta’s misrepresentations over its privacy practices are relevant to their claims that the social network gained dominance, in part, through such misrepresentations.

  • May 17, 2022

    Couple Can’t Secure Stay, Discovery In Speech Therapy Coverage Case

    MADISON, Wis. — Plaintiffs’ claim that they need discovery into why an insurer denied coverage for speech therapy is “confusing and unconvincing,” and they never truly grapple with the insurer’s Parity Act arguments, a federal magistrate judge in Wisconsin said May 6 in declining to defer consideration of a motion for summary judgment and discovery.

  • May 13, 2022

    NSA To High Court:  State Secrets Privilege Barred Discovery In Surveillance Suit

    WASHINGTON, D.C. — The National Security Agency (NSA) and other governmental parties tell the U.S. Supreme Court in a May 10 brief that two of its recent rulings confirmed that the Ninth Circuit U.S. Court of Appeals correctly found that the state secrets privilege barred a group of petitioners from obtaining classified surveillance documents that they sought to establish their standing to pursue constitutional and wiretap claims against the government, thus meriting denial of their petition for certiorari.

  • May 12, 2022

    Panel Says Court-Ordered Deposition Of Juul Cofounder ‘Irrelevant’ To Engle Trial

    WEST PALM BEACH, Fla. — A Florida appellate panel on May 11 reversed a trial court’s order denying Juul Labs Inc. (JLI) and its co-founder James Monsees’ motion for a protective order and quashed the court’s ordered deposition of Monsees for use by an Engle plaintiff in a pending trial, writing that the evidence would be “irrelevant” to the plaintiffs’ pending claims against a tobacco company.

  • May 12, 2022

    Flint Defendant Seeks Reversal Of Order Denying Motion To Quash Subpoena

    CINCINNATI — A former emergency manager for the city of Flint, Mich., on May 3 filed an appeal brief in the Sixth Circuit U.S. Court of Appeals contending that it should reverse the district court order that denied his motion to quash a subpoena in the trial related to the lead-contaminated water crisis in the city.  He argues that he is no longer a party in the litigation.

  • May 12, 2022

    Juul MDL Judge Sets 3 New Tribal Bellwethers To Proceed Into Discovery

    SAN FRANCISCO — The California federal judge overseeing the multidistrict litigation against e-cigarette maker Juul Labs Inc. (JLI) and related entities on May 9 selected the Cheyenne and Arapaho Tribes as the third tribal bellwether plaintiff that, along with two other tribes selected by the parties, will now proceed into discovery and potentially trial on the tribes’ claims that the defendants targeted them with deceptive marketing about e-cigarettes.

  • May 11, 2022

    N.Y. Justice Sanctions Valve Companies, Law Firm For Asbestos Discovery Delays

    NEW YORK — Not producing even basic discovery for more than a year despite court rules and opinions requiring production evidences an intent at delaying discovery and trial, a New York justice said May 9 in imposing $10,000 in sanctions each on two companies and their law firm while denying the defendants’ motion for summary judgment.

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