Don’t Want Sactions? Don’t Fail to Disclose!
Time and time again we learn that honesty really is the best policy. Rather than cooperate with adversaries, more often than not attorneys continue to fight and prolong the tedious discovery process....
View ArticleCan a Court Compel Discovery about Discovery?
Collaboration and clarity are now the keys to success; well, at least the keys for a successful discovery. If a party fails to provide relevant and clear information about how the discovery request was...
View ArticleHave a Reasonable Document Retention Policy? Then Follow it!
After finding out certain relevant e-mails had been deleted, PSC immediately motioned to compel discovery and impose sanctions on BIPI. The deleted e-mails were particularly relevant because they...
View ArticleNo Sanctions for Spoliation?
For all of you bosses, managers, or CEOs out there: Are you thinking about firing that one employee? You know, the one that is always late, slacks on his work, and makes mistake after mistake? You may...
View ArticleWant ESI? Be specific.
A meaty battle: American Home Insurance and Cargill Meat Solutions (“Cargill”) sued Greater Omaha Packing (GOPAC) for allegedly selling contaminated beef—a dispute that quickly turned into a discovery...
View ArticleCop Out? Government Can’t Withhold Metadata of a Police Report When it...
Arresting officers that have a history of alleged misconduct (e.g., excessive force, indifference to arrestee’s medical distress) may not be the perfect tool with which to construct a good criminal...
View ArticleCourt Hesitant to Impose Discovery Sanctions Despite Defendant’s Delay and...
If I told you that your company delayed for nearly seven months to produce electronic documents critical to a pending lawsuit, you would think the judge presiding over your case may be a bit perturbed,...
View ArticleDefendant’s Shortcomings in Discovery Result in Sanctions
The plaintiff, Tony B. Clay, brought claims for employment discrimination and retaliation based on race under Title VII against Consol Pennsylvania Coal Company (“Consol”). The electronically stored...
View ArticleRequest for E-Discovery Restart Because Defendant Used Keyword Culling is...
By the time In re Biomet made it in front of a Seventh Circuit Judge for a ruling, 2.5 million documents and attachments were produced to the plaintiffs in this large class action case against Biomet....
View ArticleThinking About Asking for More Discovery, Even After Disputes? Don’t Get Shut...
Many of you have been there. After months of discovery and the unavoidable disputes that accompany the process, you still need more. Do not make the same mistake that this lawyer made. In Herron v....
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