Mealey's Discovery

  • April 09, 2021

    New Jersey To High Court: Ordered Phone Unlocking Doesn’t Violate 5th Amendment

    WASHINGTON, D.C. — In an April 2 brief, New Jersey asks the U.S. Supreme Court to deny a former sheriff’s officer’s petition for certiorari in which he challenges the constitutionality of a subpoena requiring him to unlock his password-protected smartphone, arguing that the Fifth Amendment to the U.S. Constitution is not implicated and suggesting that the high court lacks jurisdiction over the matter.

  • April 07, 2021

    Apple’s Discovery Requests About Facebook VP Deemed Untimely In Antitrust Suit

    OAKLAND, Calif. — A discovery dispute in one of three App Store antitrust lawsuits against Apple Inc. was resolved on April 6 by a California federal magistrate judge, who found that Apple’s motion to compel responses from nonparty Facebook Inc. related to one of its executives that was named as a trial witness by plaintiff Epic Games Inc. was untimely.

  • April 02, 2021

    Expanded Discovery Needed For Cherokee Nation Trust Claims, Magistrate Judge Rules

    WASHINGTON, D.C. — A District of Columbia federal magistrate judge on March 31 denied a request by the U.S. government to block discovery by the Cherokee Nation in its quest for an accounting of billions of dollars in assets held in trust by the government, saying the tribe is entitled to the information it seeks and calling the sought-after accounting “long overdue.”

  • March 31, 2021

    Protective Order Issued In Software Developer’s Trade Secret Suit Against Insurer

    LAS VEGAS — A federal magistrate judge in Nevada on March 26 signed a stipulated protective order in a software provider’s lawsuit alleging that an insurer and another software provider misappropriated its trade secrets to develop a clone of its flood claims services system application.

  • March 30, 2021

    Google, Antitrust Plaintiffs Spar Over Discovery Search Terms, Dates, ‘Code Names’

    WASHINGTON, D.C. — Google LLC and the plaintiffs in two consolidated antitrust lawsuits continue to dispute the parameters of searches that Google must conduct in response to requests for production (RFPs) served on it in the course of discovery, with the parties arguing about appropriate date parameters, search terms and purportedly nonresponsive documents in a joint status report filed March 28 in District of Columbia federal court.

  • March 30, 2021

    Magistrate Partially Grants Contractor’s Discovery Request, Warns Counsel

    KANSAS CITY, Kan. — A federal magistrate judge in Kansas on March 26 warned counsel for an insurance company and a general contractor about the proper way to handle discovery disputes in a suit over the insurer’s duty to defend and indemnify a masonry subcontractor that defaulted in a state court lawsuit brought by the contractor and granted in part the contractor’s motion to compel information about policies the insurer issued that might provide coverage to it.

  • March 30, 2021

    Massachusetts High Court: Some Info Sought In AG’s Facebook Probe Is Privileged

    BOSTON — Overturning two lower courts’ rulings, the Massachusetts Supreme Judicial Court on March 24 found that some of the data sought by the state’s attorney general (AG) in an investigation of Facebook Inc.’s data security practices is protected by the attorney-client privilege or the work product doctrine, remanding the case for a determination of which documents qualify for either privilege.

  • March 24, 2021

    Magistrate Grants Joint Motion For Protective Order In Tornado Coverage Suit

    WINCHESTER, Tenn. — A federal magistrate judge in Tennessee on March 16 granted a joint motion for a protective order filed by a homeowners insurer and insureds, defining what constitutes confidential information in the insureds’ breach of contract and bad faith lawsuit arising from their tornado property damage.

  • March 23, 2021

    Government To 2nd Circuit: Microsoft Gag Orders Do Not Violate 1st Amendment

    NEW YORK — Nondisclosure orders forbidding Microsoft Corp. from informing a client, or a representative thereof, about a warrant that compelled contents of its email accounts do not violate Microsoft’s free speech rights under the First Amendment to the U.S. Constitution, the U.S. government argues in a March 19 brief in the Second Circuit U.S. Court of Appeals, asserting that the orders are narrowly tailored to protect an ongoing criminal investigation.

  • March 22, 2021

    High Court Grants Cert In Foreign Tribunal Discovery Dispute

    WASHINGTON, D.C. — The U.S. Supreme Court on March 22 said it will review a dispute over whether the federal statute governing judicial assistance in discovery for foreign and international tribunals applies to private commercial arbitral tribunals, the subject of a 3-2 circuit split.

  • March 19, 2021

    Marriott Data Breach Suit Plaintiffs Object To Search Of Their Electronic Devices

    GREENBELT, Md. — Objecting to a special master’s recommendation that Marriott International Inc. be permitted to engage in a limited forensic examination of their electronic devices, the plaintiffs in a consolidated privacy class action over the hotel chain’s 2018 data breach on March 17 asked a Maryland federal court to deny that discovery request, which they contend would violate their privacy rights more than the original data breach.

  • March 19, 2021

    Sanction Over Subcontractor’s Failure To Disclose Umbrella Policy Vacated

    ATLANTA — A Georgia appeals panel on March 16 vacated a ruling entering default against a now out-of-business subcontractor that allegedly installed a retaining wall that collapsed at a Home Depot U.S.A. Inc. as a discovery sanction for failing to disclose that it had a $5 million umbrella insurance policy, finding that the punishment was not warranted because there was no evidence of willfulness.

  • March 18, 2021

    Bankruptcy Judge OKs Bestwall’s Liability Discovery Requests, Denies Committee’s

    CHARLOTTE, N.C. — A North Carolina federal bankruptcy judge on March 4 entered docket orders in favor of Chapter 11 debtor Bestwall LLC on two procedures for estimating the company’s asbestos liability and against the Official Committee of Asbestos Claimants, which had sought approval of four different estimation procedures.

  • March 16, 2021

    Bad Faith Claim Bifurcated From UIM Coverage Claim; Stay Of Discovery Denied

    ANCHORAGE, Alaska — An Alaska federal judge on March 15 bifurcated an insured’s bad faith claim from the insured’s coverage claim in a dispute over coverage owed under an auto policy after determining that separate trials are warranted on the claims; however, the judge refused to stay discovery on the bad faith claim until after the underinsured motorist claim is resolved.

  • March 16, 2021

    Federal Judge Allows Sex Trafficking Coverage Suit To Proceed But Stays Discovery

    ATLANTA — A federal judge in Georgia on March 15 refused to dismiss an insurer’s lawsuit seeking to rescind a liability insurance policy and a declaration that it has no duty to defend or indemnity the owner, operator and franchisors of a Marietta, Ga., hotel against underlying sex trafficking claims but stayed discovery to see how prosecution of the underlying action proceeds.

  • March 16, 2021

    Judge Strikes Insurers’ Request For Damages Stemming From Hospitals’ Bills

    PHILADELPHIA — A federal judge in Pennsylvania on March 12 granted a motion to strike a request from Aetna Inc. and its affiliates for $102.7 million in damages stemming from the submission by medical billing companies for allegedly inflated claims for services provided by a physicians group for services provided at hospitals, finding that the insurers failed to disclose during fact discovery that such damages were being sought.

  • March 15, 2021

    Plaintiffs’ Co-Lead Counsel In Biomet Hip MDL Sanctioned By Judge

    SOUTH BEND, Ind. — The Indiana federal judge overseeing the Biomet M2a Magnum metal-on-metal hip multidistrict litigation on March 11 ordered the plaintiffs’ co-lead counsel to pay fees and costs incurred by defendant Biomet Inc. in bringing a motion for sanctions for violating the court’s order on common discovery as it applied to two plaintiff cases.

  • March 15, 2021

    Judge Won’t Reconsider Frye Genetic Test Ruling In Asbestos-Talc Case

    CHICAGO — A motion seeking reconsideration of a ruling denying genetic testing of a woman suffering from mesothelioma allegedly caused by asbestos in talc was denied by an Illinois judge on March 12 during a hearing, sources told Mealey Publications.

  • March 15, 2021

    Magistrate Quashes Subpoenas For UAE Entity’s Google Records To Enforce $51M Award

    NEW YORK — A New York federal magistrate judge on March 12 quashed subpoenas issued to Google LLC for a United Arab Emirates joint stock company’s online records to aid in the enforcement of an arbitral award worth more than $51 million because the subpoenas were issued by a nonparty entity before its substitution as plaintiff in the litigation.

  • March 12, 2021

    5th Circuit Affirms Employer’s Summary Judgment In NASA Asbestos Case

    NEW ORLEANS — A case involving a NASA engineer’s alleged asbestos exposures belonged in federal court, did not involve prejudicial discovery violations and cannot escape Louisiana’s workers’ compensation exclusivity provision, a Fifth Circuit U.S. Court of Appeals panel said March 9 in withdrawing a previous opinion and affirming a lower court.

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