Mealey's Discovery

  • February 04, 2021

    Antitrust Plaintiffs May Depose Apple CEO Tim Cook, Senior Vice Presidents, Magistrate Rules

    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.

  • February 03, 2021

    Insurer, Insureds Jointly Move For Protective Order In Tornado Coverage Suit

    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.

  • February 01, 2021

    Amici Supporting Microsoft Condemn SCA Nondisclosure Orders In 2nd Circuit

    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.

  • January 28, 2021

    Pending Discovery Dooms Summary Judgment For Asbestos Arc Chute Company

    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.

  • January 28, 2021

    Magistrate Orders GEICO To Conduct ‘Full Overhaul’ Of Responses In Fraud Case

    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.

  • January 28, 2021

    Former Cop To High Court: Compelling Smartphone Passcode Violates 5th Amendment

    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.

  • January 27, 2021

    Judge Orders More Discovery Into Alleged Bribery In Guinean Mining Rights Row

    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.

  • January 26, 2021

    Judge: Friction-Parts Defendant Need Not Answer Broad Asbestos Interrogatories

    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.

  • January 21, 2021

    Judge Transfers Allstate’s Action Seeking Law Firm’s Compliance With Subpoena

    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.”

  • January 19, 2021

    Magistrate Says GEICO Must Decide Litigation Strategy In Fraudulent Billing Suit

    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.

  • January 19, 2021

    6th Circuit Won’t Block Kessler Deposition In Opioids MDL Ahead Of Federal Post

    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.

  • January 15, 2021

    Florida Panel Partially Quashes Discovery Order In Hurricane Irma Coverage Dispute

    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.

  • January 14, 2021

    11th Circuit Panel Upholds Rulings Ordering Parties To Comply With SEC Subpoenas

    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.

  • January 13, 2021

    Magistrate:  ISP Not Entitled To Labels’ Investigator’s Report In Copyright Case

    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.

  • January 12, 2021

    Insureds In Mold Damage Coverage Suit Must Turn Over Medical Documents, Judge Says

    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.

  • January 12, 2021

    Wal-Mart Ordered To Provide Seat Inventory After Failed Sanctions Motion

    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.

  • January 12, 2021

    Discovery Of Foreign App Sales Data Denied In Apple App Store Antitrust Suit

    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.

  • January 08, 2021

    States’, DOJ’s Antitrust Suits Against Google Consolidated For Pretrial

    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.”

  • January 08, 2021

    Judge Compels Discovery, Not Arbitration, In Suits Over Zynga Data Breach

    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.

  • January 08, 2021

    Judge Orders Sanctions Of $15,000 Per Day Against Kyrgyzstan After Years Of Delay

    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.

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