69 results for 'cat:"Discovery" AND cat:"Privilege"'.
J. Cooper denies the elections watchdog group's motion to compel production of internal communications and documents regarding the Federal Elections Commission's deliberations on key votes in the watchdog's pursuit of a finding that a Political Action Committee failed to organize, register and report as required under the law. The commission has produced its administrative record, but this motion has been construed as a motion to complete or supplement that record. The commission has, however, shown that omitted documents are protected by the deliberative-process privilege.
Court: USDC District of Columbia, Judge: Cooper, Filed On: May 10, 2024, Case #: 1:22cv35, NOS: Other Statutory Actions - Other Suits, Categories: Administrative Law, discovery, privilege
J. Deavers denies, in part, the law firm's motion to quash, ruling attorney-client privilege does not prevent disclosure of communications between itself and witnesses involved in the Ohio State University sexual abuse scandal because the documents do not involve legal advice, but were part of a factfinding investigation about former university physician, Dr. Richard Strauss.
Court: USDC Southern District of Ohio, Judge: Deavers, Filed On: May 8, 2024, Case #: 2:19mc38, NOS: Other Statutory Actions - Other Suits, Categories: discovery, privilege
J. Mathis finds the trial court properly granted the life insurance company's motion for the production of confidential medical records during discovery. The policyholder waived the patient-physician privilege when she signed a disclosure form as part of her application to process the death benefit claim following the death of her husband. Meanwhile, the insurance company properly rescinded the insurance policy because evidence in the medical records clearly contradicted the policyholder's application answers about her husband's health; specifically, she denied he had any mental disorder despite years of treatment for depression and had no health issues even though he was being treated for chronic liver disease. Affirmed.
Court: 6th Circuit, Judge: Mathis, Filed On: April 29, 2024, Case #: 23-3530, Categories: Insurance, discovery, privilege
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Per curiam, the court of civil appeals grants the law firm's petition for a writ of mandamus, in which it challenges a nonparty subpoena requiring the firm to provide the password to a certain iCloud account. The court does not grant "the specific relief requested," but it directs the lower court to either quash or modify the subpoena "in accordance with this opinion." Without modification, the subpoena would provide access to confidential communications that are protected under the attorney-client privilege.
Court: Alabama Court of Civil Appeals, Judge: Per curiam, Filed On: April 26, 2024, Case #: CL-2023-0811, Categories: Civil Procedure, discovery, privilege
J. Reznik denies the county's request to claw back certain inadvertently disclosed documents. The county failed to object to the use of the documents as an exhibit during a deposition, allowing a witness to answer questions about them, so it waived its right to object to the disclosure.
Court: USDC Southern District of New York, Judge: Reznik, Filed On: April 12, 2024, Case #: 7:21cv10644, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, discovery, privilege
Per curiam, the appellate court conditionally grants a writ of mandamus to vacate an order to compel the relator's compliance with a third-party subpoena for an underlying lawsuit alleging three individuals helped her to "obtain medication to facilitate an abortion." The discovery requests "facially request evidence that could, at least, furnish a link in the chain of evidence needed to prosecute relator for a crime."
Court: Texas Courts of Appeals, Judge: Per curiam, Filed On: April 9, 2024, Case #: 14-23-00834-CV, Categories: Civil Procedure, discovery, privilege
J. Borman grants a protective order in trademark infringement claims by requiring that initial disclosures, responses to discovery requests, deposition testimony, and exhibits remain confidential during the proceedings.
Court: USDC Eastern District of Michigan, Judge: Borman, Filed On: March 28, 2024, Case #: 2:23cv13149, NOS: Trademark - Property Rights, Categories: Trademark, discovery, privilege
Magistrate Fallon declines to compel the reproduction of unredacted copies of documents containing training about a 2013 FTC decision and order that had been withheld and/or redacted based on attorney-client privilege because plaintiffs did not waive privilege by using training presentations as both a sword and a shield.
Court: USDC Delaware, Judge: Fallon, Filed On: March 27, 2024, Case #: 1:21cv245, NOS: Patent - Property Rights, Categories: discovery, privilege
J. Herndon grants the hospital's petition for a writ of prohibition challenging the district court's order compelling discovery. The hospital was sued for negligence by the guardian of the premature baby who suffered developmental issues while being treated. Though the guardian's motion seeking information found by the hospital's internal investigation was granted, patient safety work product is privileged from discovery in civil proceedings under the Patient Safety and Quality Improvement Act, and cannot be waived.
Court: Nevada Supreme Court, Judge: Herndon, Filed On: March 7, 2024, Case #: 85844, Categories: discovery, Medical Malpractice, privilege
J. Bloom dismisses the Commission's appeal of a magistrate judge's denial of its application of an order requiring compliance with an administrative subpoena in its investigation of suspected insider trading in connection with the acquisition of Office Depot by Staples. The magistrate judge did not clearly err in finding that the subpoena was testimonial in nature and therefore subject to fifth-amendment privilege, nor in finding that it had failed to satisfy the "foregone conclusion" test under which otherwise testimonial acts of production may be compelled because the government is already aware of the produced material.
Court: USDC Southern District of Florida, Judge: Bloom, Filed On: February 15, 2024, Case #: 1:23cv22764, NOS: Other Statutory Actions - Other Suits, Categories: Securities, discovery, privilege
J. Murray grants, in part, an insured’s motion to compel discovery request in this insurance suit of wrongful death claims for negligent or wanton failure to settle; bad faith failure to investigate, defend and settle; and tortious interference against the insurer. The insured is a non-medical home care assistance business and was sued after one of its customers died due to burns he received because he had been left in hot water by an employee. The court finds that the insurer will not be harmed by releasing certain unredacted versions of documents. The documents that are to be withheld are duplicate documents that were produced for in-camera review.
Court: USDC Southern District of Alabama, Judge: Murray, Filed On: February 6, 2024, Case #: 1:21cv372, NOS: Insurance - Contract, Categories: Insurance, discovery, privilege
Per curiam, the appellate division finds that the lower court properly ordered the voting machine maker to produce redacted text messages related to the deletion of previous messages. However, the majority of the subject text messages are protected from disclosure as they discussed trial preparation and Fox has not demonstrated a substantial need for the text messages. Affirmed in part.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: February 6, 2024, Case #: 00603, Categories: Defamation, discovery, privilege
J. Borman denies an employee's request to produce copies of interviews or recordings that were taken by a law firm during a pre-lawsuit investigation into the employer, after which the employee filed a discrimination suit, because attorney-client privilege and work product doctrine preclude the firm from producing the information.
Court: USDC Eastern District of Michigan, Judge: Borman, Filed On: January 23, 2024, Case #: 2:22cv11145, NOS: Other Labor Litigation - Labor, Categories: discovery, privilege, Employment Discrimination
J. Major partially grants the parents' motion to compel the county to produce certain documents in their lawsuit alleging that the county violated their rights by impermissibly conducting video surveillance of their child during their investigation into abuse accusations against the parents. The parents are entitled to the names and contact information for all individuals that participated in the decision to videotape the child. The parents' need for the information outweighs the state's interests in keeping the juvenile case file materials confidential.
Court: USDC Southern District of California, Judge: Major, Filed On: January 8, 2024, Case #: 3:21cv341, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, discovery, privilege
J. Smith compels certain testimony in a sprawling lawsuit stemming from the latest round of legislative redistricting in Texas, which the United States and private plaintiffs argue improperly diluted the votes of Latino voters in Texas. Texas lawmakers have asserted legislative privilege in this case in an effort to avoid turning over documents, and while this privilege is sometimes valid, lawmakers have in some cases "waived their privilege" by communicating with outside third parties.
Court: USDC Western District of Texas , Judge: Smith, Filed On: December 21, 2023, Case #: 3:21cv259, NOS: Voting - Civil Rights, Categories: Elections, discovery, privilege
J. Fleissig partially denies the school district's motion to quash a third-party subpoena directed at the firm it hired to investigate allegations of sexual abuse of students by school staff in the 1980s. The evidence does not indicate that the firm was retained to provide legal advice, so the information it has accumulated in its investigation is not protected by attorney-client privilege, nor was the information collected in anticipation of litigation. However, information relating to allegations of abuse by school staff that allegedly took place after the plaintiff's alleged abuse are not relevant to her claims.
Court: USDC Eastern District of Missouri, Judge: Fleissig, Filed On: December 15, 2023, Case #: 4:21cv1130, NOS: Other Civil Rights - Civil Rights, Categories: Tort, discovery, privilege
J. Coulson denies motion to compel production of documents in this reimbursement insurance dispute from carbon monoxide poisoning between two commercial insurers, Twin City Fire Insurance and Axis Insurance. Axis alleges that Twin City and its non-party customer have withheld some documents in response to discovery. The court finds Axis requests for documents are potentially relevant but cannot determine that they have demonstrated a substantial need and finds that the common-interest doctrine applies because Twin City and its non-party customer shared the same interest of obtaining reimbursement of damages.
Court: USDC Maryland, Judge: Coulson, Filed On: December 11, 2023, Case #: 1:22cv769, NOS: Insurance - Contract, Categories: Insurance, discovery, privilege
J. Sweazea denies in part the injured driver's motion to compel, ruling the tire manufacturer is entitled to consulting expert privilege on discovery requests for the identifies of and evidence produced by reconstruction experts, all of which might be used at trial.
Court: USDC New Mexico, Judge: Sweazea, Filed On: December 11, 2023, Case #: 2:22cv89, NOS: Motor Vehicle Product Liability - Torts - Personal Injury, Categories: Product Liability, discovery, privilege
J. Virden finds the circuit court properly ruled that attorney-client privilege and work product objections to discovery production in a bid dispute were insufficient and waived. The involved companies jointly responded to a request for proposals to replace Nevada's computer-based child support enforcement system as contractor and subcontractor. Nevada did not award a contract, though a year later it issued further requests for proposals. The contractor won this bid without including the subcontractor. The contractor's preliminary statement involving discovery delays is not a sufficient attorney-client privilege or work product doctrine objection. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Virden, Filed On: November 29, 2023, Case #: CV-22-338, Categories: discovery, privilege, Contract