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Category Archives: Discovery

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Kiobel – Notable Ruling on Cross-Border Discovery from Lawyers

Posted in Discovery, Litigation Industry
As litigation becomes more global, new issues arise as parties seek to use local discovery processes in aid of cases in other countries. In Kiobel, the Second Circuit reversed a district court ruling allowing discovery related to the case pending in the Netherlands. The ruling is notable for blocking the local discovery; it is summarized… Continue Reading

NFL Concussion Litigation – Actuarial Reports Disclosed, and More Discovery Sought

Posted in Class Actions/Aggregate Litigation, Damages, Discovery, Mass Tort Issues
Transparency as to class action damages is starting to move forward with respect to the NFL concussion litigation.  As previously noted, Judge Brody ordered counsel for the class and the NFL to put on the public record the actuarial data behind settlement proposals and negotiations.  The documents are available online at Paul Anderson’s, in… Continue Reading

Contrasts in Access to Data – Asbestos Bankruptcies and Underlying Litigation, versus Concussion Litigation

Posted in Asbestos, Class Actions/Aggregate Litigation, Constitutional Law/Mass Tort Law, Discovery, Due Process, Global Tort Litigation, Litigation Industry, Mass Tort Issues, Secrecy
In the NFL concussion litigation, the federal judge overseeing the case has now ordered release of supporting financial calculations for the preliminarily approved class action settlement. The order follows motions for access by players and media. Contrast that disclosure order against the approach in asbestos litigation. Asbestos bankruptcies are de facto class action proceedings. Nonetheless, bankruptcy… Continue Reading

Privilege Log Changes in New York

Posted in Discovery
In the age of email, tweets and more, e-discovery and its volume create issues and expense that did not exist in the days of paper. So, the New York courts are putting in place new rules for privilege logs, and related topics. A June 2, 2014 article from Skadden provides an overview of the changes.… Continue Reading

“Ten Ideas for Better Depositions”

Posted in Discovery, Uncategorized
My former partner, Pat Lamb, is an ABA proclaimed ‘Legal Rebel” and has been busy writing about improvements to litigation. The ABA Journal  includes his April 24, 2014 article “10 things judges can do to help business litigation be more efficient and less expensive”  Outside of the ABA Journal, Pat  put up an April 27, 2014… Continue Reading

Chinese Defendant Subject to US Discovery With Limited Ability to Assert Work-Products or Attorney-Client Privilege

Posted in Discovery
Never bashful about breaking new ground, Judge Shira Scheindlin issued a detailed October 25, 2013 opinion on discovery against the Bank of China in Wultz v. Bank of China. The issues arise in a personal injury case that targets   the Bank of China for allegedly aiding and abetting an international terrorist group. The opinion… Continue Reading

Discovery About Discovery

Posted in Discovery
Courtesy of ILS, an e-discovery service, is a brief but useful article on a new opinion exploring "discovery about discovery."   The opinion is Ruiz-Bueno, III v. Scott, No. 2:12-cv-0809 (2013 WL 6055402(S.D.Ohio)). The opinion permits some discovery about how discovery responses were researched and created. … Continue Reading

EDiscovery Experts for the Plaintiff’s Bar

Posted in Discovery
It is the age of specialization. A prime example these days lies in e-discovery. The market is becoming even more specialized as some e-discovery firms seek out plaintiff’s lawyers, and collect and distribute plaintiff-friendly case law on sanctions for discovery violations. A recent example lies in one such firm (ILS ) writing about Judge Shira… Continue Reading

When is an Arbitral Panel an International Tribunal for Purposes of Discovery under Section 1872 ?

Posted in Discovery
Opinio Juris highlights an upcoming article on an important issue: "When is an arbitral panel an international tribunal for purposes of Section 1782? Section 1782, of course, is the statute that authorizes federal courts to order discovery in aid of proceedings before foreign courts and international tribunals. As discussed in a forthcoming article in the… Continue Reading

Taking Discovery Against the UK’s FSA Regulatory Agency ?

Posted in Discovery, Sovereigns
Here is an interesting paper from the Lehman bankruptcy. It is a motion for discovery against the UK’s Financial Services Authority and PwC. (Hat tip to Am Law Daily for publishing this article on the topic, with a link to the motion. ) The opening paragraph is pasted below: __________________________________________________________________ “The Official Committee of Unsecured… Continue Reading

One MDL Magistrate Judge Says Narrow Discovery May Be Taken Regarding Prefiling Investigation in a Mass Tort MDL Situation

Posted in Discovery, Mass Tort Issues, Prefiling Inquiry
How much pre-filing inquiry is needed for a “mass tort” product laibility claim, and when must be it done ? A recent opinion in the Digitek MDL is related to those issues, but is limited to a narrow discovery issue. Digitek is a drug. The claims in essence are that a batch of the drug… Continue Reading