Mealey's Discovery

  • December 01, 2020

    Drug Distributor Held In Contempt For ‘Discovery Misconduct’ In Opioids Case

    SEATTLE — A Washington state court on Nov. 17 found AmerisourceBergen Drug Corp. (ABDC) in contempt of court for discovery misconduct and ordered the drug distributor to produce any outstanding documents within 10 days, to produce a complete set of documents for its board of directors, to offer one or more corporate witnesses for depositions and to pay fees and costs incurred by the state’s contempt motion (Washington v. McKesson Drug Corporation, et al., No. 19-2-06975-9, Wash. Super., King Co.).

  • December 01, 2020

    Google Must Provide Emails To Be Used In British Litigation

    SAN JOSE, Calif. — A California federal magistrate judge on Nov. 24 denied a motion by Google LLC to quash a subpoena requiring it to produce information about and the contents of two email accounts for use in a foreign legal proceeding, finding that the requested production would not run afoul of the Stored Communications Act (SCA) (In re ex parte application of Tatiana Akhmedova, No. 20-mc-80156, N.D. Calif., 2020 U.S. Dist. LEXIS 220725).

  • November 30, 2020

    Apple Accused By Patent Owner Of ‘Stonewalling,’ ‘Concealing’ Documents

    WASHINGTON, D.C. — In a nonconfidential, redacted reply brief filed Nov. 16 with the Federal Circuit U.S. Court of Appeals, a patent owner said a recent brief by Apple Inc. that urges the court to uphold a stipulation of noninfringement makes clear that a California federal judge abused his discretion when he denied a motion to amend the underlying infringement contentions (DSS Technology Management Inc. v. Apple Inc., No. 20-1570, Fed. Cir.).

  • November 23, 2020

    Capital One’s Security Firm Needn’t Run More ESI Searches In Data Breach Row

    CLEVELAND — A company that provided Cybersecurity services to Capital One Financial Corp. will not be required to conduct additional searches for responsive discovery materials in its electronically stored information (ESI) related to the credit card issuer’s 2019 data breach, an Ohio federal judge ruled Nov. 20, denying the putative class plaintiffs’ motion to compel (Brandon Hausauer, et al. v. TrustedSec LLC, No. 20-mc-101, N.D. Ohio, 2020 U.S. Dist. LEXIS 217812).

  • November 23, 2020

    Litigation Funders Ask Court To Halt Italian Company’s Discovery Of Nigerian Ties

    WILMINGTON, Del. — Entities affiliated with a litigation funder in a Nov. 18 motion urge a Delaware federal judge to vacate its earlier order and quash or modify an Italian oil company’s subpoenas to the entities for documentation of their agreements with a Nigerian law firm for use in a pending arbitration and in Italian litigation regarding a Nigerian oil license or, alternatively, to issue a protective order regarding any discovery obtained (In Re Ex Parte Application Of Eni S.p.A., No. 20-mc-334, D. Del.).

  • October 29, 2020

    COMMENTARY: The Shifting Availability Of Section 1782 In Support Of Private Foreign Arbitrations

    By Dorit Ungar Black and Andrei Vrabie

  • November 20, 2020

    Harvey Weinstein: Deposition Should Be Stayed Due To COVID-19, Criminal Charges

    NEW YORK — Harvey Weinstein, a former film producer and convicted sex offender who has been accused of using his power to assault dozens of women, moved Nov. 19 in a federal court in New York to stay his deposition in a class suit brought by some of his alleged victims, citing his declining health and heightened risk of contracting COVID-19, caused by the novel coronavirus, and a pending criminal action in California (Louisette Geiss, et al. v. The Weinstein Company Holdings, LLC, et al., No. 17-9554, S.D. N.Y.).

  • November 17, 2020

    6th Circuit Won’t Review Ruling On State Opioids Database Discovery Order

    CINCINNATI — The Sixth Circuit U.S. Court of Appeals on Nov. 16 denied a motion by the Ohio Board of Pharmacy to rehear an argument that the opioids multidistrict litigation court erred in ordering the board to produce additional data from a state prescription drug database (In re:  State of Ohio Board of Pharmacy, No. 20-3875, 6th Cir.).

  • November 16, 2020

    Insurer Claims Insured Concealed Settlements, Seeks Reimbursement Of $1.3M

    NEW YORK — An insured should be ordered to reimburse an excess insurer for more than $1.3 million paid for past environmental contamination remediation costs at one of the insured’s sites because the insured allegedly concealed settlements it entered into with other insurers regarding the site, the excess insurer claims in a Nov. 12 motion for summary judgment filed in New York federal court (Olin Corp. v. Lamorak Insurance Co., et al., No. 84-1968, S.D. N.Y.).

  • November 13, 2020

    Magistrate Denies GEICO’s Request To Quash Fraud Defendant’s Subpoena

    NEW YORK — A federal magistrate judge in New York on Nov. 12 denied a motion to quash filed by insurers that sought to prevent disclosure of communications regarding settlement negotiations between the companies and a former defendant who was employed by a clinic accused of submitting fraudulent bills, finding that the information is not privileged and can be used by the remaining defendants to examine the individual’s bias, credibility, motive and prejudice.

  • November 13, 2020

    Judge: Insurer’s Requests For Business Communications Relevant To RICO Claims

    PORT HURON, Mich. — A federal judge in Michigan on Nov. 12 granted State Farm Mutual Automobile Insurance Co.’s motion to compel defendants accused of engaging in a scheme to submit bills for medically unnecessary procedures to produce business communications that took place via email and text and certify that they have not destroyed evidence after the insurer obtained metadata from Google indicating that the defendants have produced only a small fraction of their emails.

  • November 11, 2020

    Magistrate Says Kyrgyzstan Should Face Tripled Sanctions For Asset Discovery Delay

    NEW YORK — A federal magistrate judge in New York on Nov. 5 recommended that sanctions against the Kyrgyz Republic be tripled to $15,000 per day due to its “staggering” noncompliance with discovery and other court orders issued since 2018 in a Turkish hotel investor’s action to enforce an award that with costs and interest is worth $11.6 million (Sistem Mühendislik Insaat Sanayi Ve Ticaret v. The Kyrgyz Republic, No. 12-4502, S.D. N.Y., 2020 U.S. Dist. LEXIS 208487).

  • November 10, 2020

    Discovery Order Over OSHA Communications Appealed To Texas Supreme Court

    AUSTIN, Texas — An oil and natural gas production company tells the Texas Supreme Court that a trial court erred in ordering it to produce its communications with the Occupational Safety and Health Administration related to a worksite accident, asking, in its Nov. 5 petition for a writ of mandamus, that the production order overruling its objections to the discovery requests be vacated (In re Pioneer Natural Resources USA Inc., No. 20-883, Texas Sup.).

  • November 10, 2020

    Trucking Companies Seek Costs For Compelling Plan Administrators To Discovery

    SANTA ANA, Calif. — Trucking companies ask a California federal court in a Nov. 9 motion to order third-party administrators for a self-insured employee benefit plan to reimburse $5,541.25 in expenses incurred by the companies in filing a motion to compel the administrators to discovery in their dispute alleging a negligent failure to obtain reinsurance coverage for the plans (A&I Transport, Inc., et al. v. KG Administrative Services, Inc., et al., No. 19-1992, C.D. Calif.).

  • November 10, 2020

    Kazakhstan Seeks Discovery To Enforce Award Against Canadian Entity

    NEW YORK — The Republic of Kazakhstan on Nov. 6 filed an application in a New York federal court seeking leave to issue subpoenas to 15 financial institutions for use in enforcement and other prospective legal proceedings against a Canadian entity that was ordered to pay Kazakhstan’s costs and expenses incurred during the entity’s unsuccessful arbitration claim against Kazakhstan under a Soviet-era treaty (In Re:  Application Pursuant To 28 U.S.C. § 1782 For Discovery In Aid Of Foreign Proceedings, No. 20-mc-367, S.D. N.Y.).

  • November 09, 2020

    Verdict For Notre Dame Reinstated By Indiana Court In Suit Over Injury At Event

    INDIANAPOLIS — A university’s failure to correct a witness’s deposition testimony before trial violated state trial procedure rules, but a woman who broke her shoulder when she fell at a basketball game did not show that the university’s discovery misconduct prevented her from fully presenting her case at trial, an Indiana appeals court said Oct. 27, reversing a lower court ruling vacating a defense verdict (University of Notre Dame v. Carol H. Bahney, No. 20A-CT-219, Ind. App., 2020 Ind. App. LEXIS 467).

  • November 09, 2020

    Discovery Request For ‘Boys-Club’ Documents Denied In Goldman Sachs Bias Suit

    NEW YORK — A federal magistrate judge in New York on Nov. 5 denied a request by female employees suing Goldman, Sachs & Co. and The Goldman Sachs Group Inc. (together, Goldman Sachs) for gender bias to compel a search for and production of “boys-club” documents from members of the company’s management committee (MC) as they have not shown that the MC made the decisions that are the target of the lawsuit (H. Christina Chen-Oster, et al. v. Goldman, Sachs & Co., et al., No. 10-6950, S.D. N.Y., 2020 U.S. Dist. LEXIS 207282).

  • November 09, 2020

    Philadelphia Must Turn Over Investigation Files In Officers’ Discrimination Suit

    PHILADELPHIA — Philadelphia lost its bid to quash a subpoena in which two police officers seek documents from a mayoral investigation of discrimination and harassment within the Philadelphia Police Department (PPD), with a Pennsylvania federal judge on Nov. 4 finding that the city improperly invoked three privileges under which it sought to block discovery (Audra McCowan, et al. v. Philadelphia, et al., No. 19-3326, E.D. Pa, 2020 U.S. Dist. LEXIS 205909).

  • November 06, 2020

    Additional Discovery Will Not Benefit Court In Review Of Termination Of Benefits

    PHOENIX — Additional discovery in a disability benefits dispute is not warranted because additional discovery will not aid the court in its de novo review of the disability insurer’s decision to terminate the claimant’s benefits under the plan’s any-occupation standard, an Arizona federal judge said Oct. 21 (Sherry Hasslacher v. Life Insurance Company of North America, No. 19-5272, D. Ariz., 2020 U.S. Dist. LEXIS 201190).

  • November 05, 2020

    Huawei Sues DOJ For Responses To FOIA Requests Over Trade Secret Investigation

    WASHINGTON, D.C. — Chinese technology firm Huawei Technologies Co. Ltd. filed a complaint in District of Columbia federal court on Oct. 30 seeking to compel a group of federal government agencies to provide documents responsive to 12 Freedom of Information Act (FOIA) requests seeking materials related to an investigation of criminal trade secret violations by Huawei by the U.S. Department of Justice (DOJ) (Huawei Technologies Co. Ltd., et al. v. U.S. Immigration and Customs Enforcement, et al., No. 20-3155, D. D.C.).

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