OAKLAND, Calif. — In a Jan. 26 ruling that addressed three discovery motions in three lawsuits accusing Apple Inc. of anti-competitive behavior regarding its App Store, a California federal magistrate judge required the defendant to make its Chief Executive Officer Tim Cook and two of its senior vice presidents (SVPs) available for depositions.
WINCHESTER, Tenn. — A homeowners insurer and insureds on Feb. 1 jointly moved for a protective order in the insureds’ breach of contract and bad faith lawsuit arising from their tornado property damage.
NEW YORK — In a Jan. 27 amicus curiae brief supporting Microsoft Corp. in a dispute with law enforcement personnel, the U.S. Chamber of Commerce and other organizations added to a chorus of amici warning the Second Circuit U.S. Court of Appeals that the government’s now-common practice of obtaining a nondisclosure order along with a warrant issued under the Stored Communications Act (SCA) often does not comply with the strict scrutiny standards of the First Amendment to the U.S. Constitution and threatens to chill free speech and grant undue power to the government.
SEATTLE — While a mesothelioma sufferer currently falls short of meeting the causation standard under maritime law, it appears that ongoing discovery might assist him in his case alleging asbestos exposure in arc chutes, a federal judge in Washington said Jan. 22 in denying summary judgment.
BUFFALO, N.Y. — A federal magistrate judge in New York on Jan. 22 ordered Government Employees Insurance Co. (GEICO) and its affiliates to conduct a “full overhaul” of the interrogatory responses the insurer provided to two doctors and a medical practice accused of engaging in a scheme to submit fraudulent bills under the state’s no-fault insurance program, finding that the defendants should not be responsible for reviewing the insurer’s records to determine when the alleged scheme began and what claims were fraudulent.
WASHINGTON, D.C. — A former law enforcement officer tells the U.S. Supreme Court in a Jan. 7 petition for certiorari that a court order requiring him to provide passcodes to unlock his smartphones violated the Fifth Amendment to the U.S. Constitution because the passcodes might lead to the discovery of incriminating evidence.
NEW YORK — A New York federal judge overseeing three mining companies’ lawsuit against financier George Soros and his nonprofits for allegedly causing the termination of the companies’ Guinean mining rights on Jan. 25 reserved decision on the Soros entities’ motion to dismiss and ordered more discovery to confirm if the companies engaged in bribery to secure the mining rights as was found by a London arbitral tribunal and a Swiss criminal court.
CHARLOTTE, N.C. — A couple’s contested interrogatories — untethered to dates of employment or alleged exposure — are overly broad, and a motion seeking to compel a deposition is premature, a federal judge in North Carolina said Jan. 7 in denying the motion.
NEW YORK — A federal judge in New York on Jan. 14 transferred an action brought by Allstate Insurance Co., Allstate Fire and Casualty Insurance Co., Allstate Indemnity Co. and Allstate Property and Casualty Insurance Co. (collectively, Allstate) seeking to compel a law firm’s compliance with a subpoena seeking financial records that could be relevant to a no-fault insurance benefits fraud scheme, finding that the court that issued the subpoena “has greater familiarity with the legitimate scope of the subpoena.”
MIAMI — In a ruling addressing the sufficiency of discovery responses, a federal magistrate judge in Florida on Jan. 15 ruled that the Government Employees Insurance Co. (GEICO) and its affiliates must decide if they are going to continue to assert that they were fraudulently billed for all services provided by a chiropractor and a number of clinics he owned as part of its fraud and Racketeer Influenced and Corrupt Organizations (RICO) Act lawsuit or if claims submitted by specific patients were for services that were medically unnecessary or provided by an unlicensed clinic employee.
CINCINNATI — The Sixth Circuit U.S. Court of Appeals on Jan. 12 denied a motion by two opioids manufacturers to stay a short-notice deposition of former Food and Drug Administration Commissioner Dr. David Kessler and reserved a ruling on the defendants’ petition for a writ of mandamus directing the opioids multidistrict litigation court to prevent Kessler’s deposition.
MIAMI — A Florida appeals panel on Jan. 13 granted in part an appraiser’s petition for writ of certiorari seeking to quash a trial court's discovery order, quashing the order to the extent that it requires the appraiser to produce personal financial records because they are irrelevant to the Hurricane Irma coverage dispute.
ATLANTA — An 11th Circuit U.S. Court of Appeals panel on Dec. 14 ruled that a federal district court did not err in ordering parties subpoenaed by the Securities and Exchange Commission as part of its investigation into a firm’s day trading activities to comply with the subpoenas for the production of testimony and documents because the subpoenas were relevant to a legitimate investigative purpose.
DENVER — An internet service provider (ISP) has not established a sufficient need for an investigator’s “hash report” to overcome its protections as privileged work product, a Colorado federal magistrate judge ruled Jan. 7, denying a motion to compel by Charter Communications Inc. as it defends itself from vicarious copyright infringement claims brought by a group of record labels.
MISSOULA, Mont. — Insureds seeking coverage for mold damages within their home must provide their homeowners insurer with requested medical bills, medical records and a list of consequential and extracontractual damages sustained as a result of the insurer’s denial of coverage, a Montana federal judge said Jan. 11 in granting the insurer’s motion to compel.
SAN JOSE, Calif. — A federal judge in California on Jan. 6 denied a sanctions motion filed by individuals who say they are members of a class of intended third-party beneficiaries of a settlement reached in a seating dispute with Wal-Mart Stores Inc. in March 2019 for $65 million, but ordered the retailer to provide class counsel and the court with an inventory of the number of stools available for front-end cashiers at each California store.
OAKLAND, Calif. — A group of consumer plaintiffs in a long-running, consolidated antitrust lawsuit over purported monopolization by Apple Inc. related to its App Store were denied a request for production (RFP) of revenue data from the foreign sales of iPhone apps, with a California federal magistrate judge on Jan. 8 finding that the plaintiffs failed to establish that such information was relevant to their claims.
WASHINGTON, D.C. — States suing Google LLC for alleged monopolization in the internet search engine market were partly granted their motion to consolidate their lawsuit with a similar suit filed by the U.S. Department of Justice (DOJ), with a District of Columbia federal judge consolidating the cases on Jan. 7 “for pretrial purposes, including discovery and all related proceedings.”
OAKLAND, Calif. — Concluding that some discovery is necessary to determine whether several plaintiffs in three lawsuits over a 2019 hacking incident had assented to an arbitration provision within Zynga Inc.’s terms of service (TOS), a California federal judge on Jan. 6 denied the gaming firm’s motions to compel arbitration in the suits while granting its alternate motions to compel discovery of account information from the plaintiffs.
NEW YORK — A federal judge in New York on Jan. 5 adopted a magistrate’s judge recommendation and tripled sanctions against the Kyrgyz Republic to $15,000 per day until it complies with asset discovery orders issued in 2018 to enforce a previously confirmed award worth more than $11.6 million in favor of a Turkish hotel investor.