Mealey's Discovery

  • February 28, 2022

    United States To Participate; Time Enlarged For High Court’s Section 1782 Arbitration Cases

    WASHINGTON, D.C. — The U.S. Supreme Court on Feb. 28 granted a joint motion for enlarged argument filed by all the petitioners and respondents in two consolidated cases addressing which kind of foreign arbitral tribunals U.S. courts may assist by ordering discovery under Title 28 U.S. Code Section 1782 and granted a motion by the United States to participate in divided argument.

  • February 28, 2022

    Texas Magistrate Allows New Affirmative Defenses In HMO Excess Reinsurance Row

    GALVESTON, Texas — After a Texas federal magistrate judge partly granted its request to file an amended answer, a reinsurer on Feb. 23 asserted additional affirmative defenses in a breach of contract suit over HMO excess reinsurance; the reinsurer also filed a Feb. 22 motion seeking a request for international judicial assistance regarding a remote deposition.

  • February 24, 2022

    Respondents Tell High Court Section 1782 Applies To Foreign Arbitrations

    WASHINGTON, D.C. — Two respondents on Feb. 23 filed briefs urging the U.S. Supreme Court to adhere to the plain language of Title 28 U.S. Code Section 1782, the statute allowing U.S. courts to order discovery in aid of foreign proceedings, arguing that the statute applies to their separate requests for discovery for use in a private commercial arbitration and an ad hoc treaty-based arbitration.

  • February 24, 2022

    Judge Overrules Blue Cross’ Objections To Discovery Order In Antitrust Coverage Suit

    KANSAS CITY, Kan. — A federal judge in Kansas on Feb. 22 overruled Blue Cross Blue Shield of Kansas Inc.’s objection to a Kansas federal magistrate judge’s discovery order in an antitrust coverage dispute involving an insolvent insurer, finding that while Blue Cross strongly disagrees with the magistrate’s conclusions, it has not demonstrated that the conclusions are contrary to law.

  • February 11, 2022

    COMMENTARY: China’s New Privacy and Data Security Statutes Further Complicate U.S. Litigations

    By Don Z. Wang, Brooke J. Oppenheimer and Shawn Lee

  • February 23, 2022

    DOL Urges 7th Circuit To Uphold Subpoena Enforcement In ERISA Investigation

    CHICAGO — Information demanded during investigation of alleged cybersecurity breaches is within the U.S. Department of Labor (DOL) authority and a company that provides services regarding Employee Retirement Income Security Act plans “cannot hide behind its agreements with clients to shield the plans from regulatory scrutiny that serves to protect plan participants and the public interest,” the U.S. secretary of Labor argues in a Feb. 18 appellee brief before the Seventh Circuit U.S. Court of Appeals.

  • February 22, 2022

    Railway, United States: Asbestos Evidence Battle Doesn’t Require Court Attention

    MISSOULA, Mont. — Government production of more than 30,000 documents is ongoing in a railway’s False Claims Act (FCA) lawsuit against a screening company it claims created a unique asbestos-related disease that entitles Libby, Mont., residents to a special program under Medicare, the parties say in a Feb. 18 joint supplemental brief filed in Montana federal court.

  • February 22, 2022

    Insured’s Discovery Motions In Environmental Contamination Dispute Denied

    LAS CRUCES, N.M. — A New Mexico federal judge on Feb. 17 denied a number of motions related to an insured’s discovery requests in an environmental contamination coverage dispute after determining that the insured failed to show that the insurer’s responses to requests were untimely and that the insured failed to follow the requirements set forth by the Federal Rules of Civil procedure before filing a motion to compel.

  • February 22, 2022

    Judge Deems Some Documents Privileged In Coverage Row Over Bridge Defects

    WASHINGTON, D.C. — Partly granting a motion to compel, a District of Columbia federal judge on Feb. 14 ruled that while many of the documents sought by a construction firm in an insurance coverage dispute constituted legal advice subject to attorney-client privilege, some documents withheld by the defendant insurer were nonprivileged facts or had been subject to a waiver of any privilege due to being shared with parties not connected with the coverage decision.

  • February 18, 2022

    7th Circuit Won’t Stay DOL Subpoena Enforcement In ERISA Investigation

    CHICAGO — A temporary stay pending appeal that a Seventh Circuit U.S. Court of Appeals judge granted Jan. 27 ended Feb. 15 after a panel considered opposition filed Feb. 10 by the U.S. secretary of Labor; the order at issue grants enforcement of an administrative subpoena against a company that provides record-keeping, administrative and consulting services for Employee Retirement Income Security Act plan clients.

  • February 16, 2022

    Parties File Joint Discovery Status Report In Suit Over Insolvent Health Plan

    CHICAGO — Parties on Feb. 3 filed a joint discovery status report in a lawsuit alleging that insurance brokers breached their duty of care because they knew or should have known that a multiple employer welfare arrangement (MEWA) was not in compliance with its structural requirements and was not financially sound.

  • February 16, 2022

    Magistrate Issues Consent Protective Order In Suit Over Alleged Loan Default

    RALEIGH, N.C. — Three days after parties moved for a consent protective order to help with the “efficient pursuit of discovery,” a federal magistrate judge in North Carolina on Feb. 7 granted the motion in a dispute over an alleged default under a loan agreement between a health insurer in rehabilitation and borrower and pledgors.

  • February 16, 2022

    Asbestos-Talc Defendant Seeks Fees As Sanctioned Plaintiffs Defend Conduct

    HARRISON, Ark. — An asbestos-talc defendant on Feb. 11 petitioned an Arizona federal court for $4,216.10 in attorney fees awarded to it after a judge found that the plaintiffs made “intentionally false or grossly misleading” representations in an effort to have an expert admitted in the case.  In a Feb. 7 response to an order show cause, the plaintiffs argued that the issue arose from confusion overly a poorly chosen use of words and not a misrepresentation and that the court should not impose an additional $1,000 individual sanction.

  • February 15, 2022

    Magistrate Issues Consent Protective Orders In Insurer’s 3 Suits Against Borrowers

    RALEIGH, N.C. — A federal magistrate judge in North Carolina on Feb. 7 granted motions for consent protective orders in three lawsuits in which an insolvent health insurer alleges that borrowers breached loan and security agreements.

  • February 15, 2022

    Consent Protective Order Granted In Insurers’ $14.5M Suit Brought Against Borrower

    RALEIGH, N.C. — A federal magistrate judge in North Carolina on Feb. 7 granted parties’ motion for a consent protective order against unrestricted disclosure in a lawsuit filed by three insurers in rehabilitation seeking to recover $14.5 million from a borrower under a loan agreement for its alleged breach of contract in failing to make a first interest payment.

  • February 15, 2022

    Motion For Consent Protective Order Granted In $12.5M Suit Between Firms, Insurers

    RALEIGH, N.C. — A federal magistrate judge in North Carolina on Feb. 7 granted a motion for a consent protective order filed in a lawsuit brought against two wealth management firms with interests in a loan agreement by two insurers in rehabilitation seeking $12.5 million under the loan agreement.

  • February 14, 2022

    Opioid Defendant Endo Expects Default Judgment For Discovery Violations

    DUBLIN, Ireland — Opioid defendant Endo International PLC on Feb. 11 said it expects a Tennessee state court to enter a default judgment against two subsidiaries as a sanction for discovery violations that occurred in an opioid case in another Tennessee court, according to a company press release.

  • February 11, 2022

    Man: Asbestos Company’s Discovery Conduct Merits $300,000 Sanction

    COLUMBIA, S.C. — A boiler company repeatedly evaded discovery only to then suddenly argue midtrial that it could produce evidence that a typographic error only made it appear that a second boiler was shipped to a man’s workplace, appellees said Jan. 10 in arguing that en banc review by the South Carolina Court of Appeals is not needed of a ruling affirming a $300,000 sanction.

  • February 11, 2022

    Defenses, Discovery, Franchise Issues Addressed In ‘Law Tigers’ Trademark Suit

    CHICAGO — Resolving multiple motions by the parties in a lawsuit over the “Law Tigers” trademark, an Illinois federal judge on Feb. 8 struck the defendant’s unclean hands affirmative defense related to purported franchise law violations, while permitting discovery and depositions on relevant topics such as the likelihood of confusion.

  • February 10, 2022

    Pennsylvania Appeals Court: IVC Filter Maker Can’t Block Financial Data Disclosure

    PHILADELPHIA — A Pennsylvania state appeals court on Feb. 9 quashed an appeal by an inferior vena cava (IVC) filter maker challenging a mass tort court’s order to disclose certain financial information to support plaintiff claims for punitive damages.

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