1,153 results for 'cat:"Discovery"'.
Per curiam, the appellate division finds that the lower court properly excluded the defendant tour company's expert disclosure because it was not accompanied by a written report containing the alleged false online reviews considered by the expert informing the opinion. The omission of this information prejudiced the plaintiff taxi tour companies' ability to respond to the expert's opinion. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 16, 2024, Case #: 02760, Categories: Fraud, Experts, discovery
J. Robertson denies a bank’s motion to compel the depositions of individuals who were, but no longer are, plaintiffs in lawsuits against a fraudulent internet phone service company. The bank fails to show that its requested subpoenas of putative absent class members are narrowly tailored to subjects that are clearly relevant.
Court: USDC Massachusetts, Judge: Robertson, Filed On: May 15, 2024, Case #: 4:14md2566, NOS: Other Contract - Contract, Categories: Fraud, discovery, Class Action
J. Castaneda orders both parties to respond to discovery requests in a lawsuit brought against a logistics company by a former employee who asserted that her “religious beliefs precluded her from getting a vaccination or wearing a facemask.” While the company must provide more information on why accommodating this request “would have created an undue hardship,” the former employee must likewise provide more information on her alleged beliefs and cannot use “vague claims of ‘harassment’” to obtain a protective order against discovery.
Court: USDC Western District of Texas , Judge: Castaneda, Filed On: May 15, 2024, Case #: 3:23cv148, NOS: Employment - Civil Rights, Categories: Employment, discovery, Covid-19
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Per curiam, the circuit finds that the district court improperly dismissed a request in which the regional director of the National Labor Relations Board sought temporary injunctive relief concerning Starbucks' alleged unfair labor practices in response to a Buffalo-Rochester regional unionization effort. Starbucks was properly granted limited expedited discovery, but the overbroad subpoenas sought information beyond the Buffalo-Rochester stores. On remand, arguments for and against specific subpoenas should be subjected to closer inspection.
Court: 2nd Circuit, Judge: Per curiam, Filed On: May 15, 2024, Case #: 23-1194-cv, Categories: discovery, Labor / Unions, Injunction
J. Whelan affirms a magistrate judge's discovery order denying Abbott Laboratories' motion to compel production of a private fund advisor's disclosure statements to the government in false claims action accusing Abbott of engaging in a nationwide scheme of paying illegal kickbacks to physicians and hospitals. "Abbott has not known a 'substantial need' to overcome the work product doctrine and access the disclosure statement since Abbott's asserted public disclosure defense, as pled, is too conclusory."
Court: USDC Southern District of California, Judge: Whelan, Filed On: May 14, 2024, Case #: 3:20cv286, NOS: False Claims Act - Torts - Personal Injury, Categories: discovery, False Claims
J. Rice denies the employee's motion for sanctions, ruling his claim regarding the university's failure to preserve certain discovery documents in their "native format" is entirely speculative and, in any case, is not premised on any sort of prejudice to his case or the lawsuit in general.
Court: USDC Southern District of Ohio, Judge: Rice, Filed On: May 14, 2024, Case #: 3:18cv358, NOS: Employment - Civil Rights, Categories: Employment, Sanctions, discovery
J. Wicks denies CVS’s motion for a protective order in a disability discrimination case and allows the wheelchair-bound customer to depose a small number of former employees who could shed light on the store’s training procedures regarding ADA compliance and whether the store followed their own procedures as it relates to keeping store aisles free of obstructions. The court finds the information sought is relevant and would not be unduly burdensome for the defendant. The court further grants a 60-day extension for limited discovery.
Court: USDC Eastern District of New York, Judge: Wicks, Filed On: May 14, 2024, Case #: 2:23cv3298, NOS: Amer w/Disabilities - Other - Civil Rights, Categories: Ada / Rehabilitation Act, discovery
J. Zimmerman finds the trial court improperly dismissed the state's indictment on drug trafficking charges against defendant. The discovery evidence of a tentative understanding between the state and a confidential informant did not constitute an agreement that hindered the defense or prejudiced defendant's ability to defend himself against the charges. Additionally, the discovery evidence was available to defendant at all times and so there was no attempt by the state to withhold or conceal evidence. Reversed.
Court: Ohio Court Of Appeals, Judge: Zimmerman, Filed On: May 13, 2024, Case #: 2024-Ohio-1849, Categories: Criminal Procedure, Drug Offender, discovery
J. Zimmerman finds the trial court improperly dismissed the state's indictment on drug trafficking charges against defendant. The discovery evidence of a tentative understanding between the state and a confidential informant did not constitute an agreement that hindered the defense or prejudiced defendant's ability to defend himself against the charges. Additionally, the discovery evidence was available to defendant at all times and so there was no attempt by the state to withhold or conceal evidence. Reversed.
Court: Ohio Court Of Appeals, Judge: Zimmerman, Filed On: May 13, 2024, Case #: 2024-Ohio-1848, Categories: Criminal Procedure, Drug Offender, discovery
J. Busby grants an ATV dealer's petition for mandamus relief in a mental anguish case brought by a minor who claims the dealer's negligence in selling a vehicle with recalled parts led to her physical and psychological injuries after it rolled over, killing her brother. The court of appeals granted the minor's motion to quash the dealer's attempt to review her psychological treatment records, holding that an exception under the Texas Rules of Evidence had not been triggered to allow the release of the documents. However, because the minor's mental state is a part of her claims and the dealer's defense, the exception to the rules of evidence is triggered, thus making the records discoverable.
Court: Texas Supreme Court, Judge: Busby, Filed On: May 13, 2024, Case #: 22-1167, Categories: Evidence, Emotional Distress, discovery
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. Rodriguez denies the city's motion for a protective order restricting the former commander from questioning witnesses about certain documents during upcoming depositions and excluding those documents from the commander's employment discrimination lawsuit. The documents, which include emails from city employees relating to various internal investigations, were sent to the former commander anonymously. The city has not established that these documents were ever in the city's possession or that they were illegally intercepted. Nor has the city provided any declarations to support assertions of attorney-client privilege.
Court: USDC Southern District of California, Judge: Rodriguez, Filed On: May 10, 2024, Case #: 3:22cv526, NOS: Other Civil Rights - Civil Rights, Categories: discovery, Employment Discrimination
J. McCook partially grants the city defendant's motions to compel discovery in this class action arising from an alleged sex-trafficking venture. The named plaintiffs, who represent the victims of the alleged venture, are ordered to search their "additional source" for responsive documents under Category Three, which includes written communications or phone calls between the plaintiffs and an individual allegedly involved in the conspiracy.
Court: USDC Eastern District of Tennessee , Judge: McCook, Filed On: May 10, 2024, Case #: 2:23cv71, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, discovery, Class Action
J. Bourgeois grants a homeowner’s request of State Farm for policies and procedures for claims adjusters and home inspectors that applied during 2022, the year of hail damage to her property. The homeowner’s original discovery request for the insurer’s documents, from 2020 to present, is overly broad. The homeowner is suing State Farm for bad faith on allegations the insurer failed to provide full payment for hail damage so she was unable to fully repair her home, resulting in leak damages.
Court: USDC Middle District of Louisiana, Judge: Bourgeois, Filed On: May 10, 2024, Case #: 3:23cv211, NOS: Insurance - Contract, Categories: Insurance, Damages, discovery
J. Shaw denies a writ of mandamus filed by opioid manufacturers to conduct additional fact discovery on an economic damage plan submitted by health care providers. The plan shows how they will need additional coverage as a “mitigation plan” in their suit stating opioid distribution is a public nuisance.
Court: Alabama Supreme Court, Judge: Shaw, Filed On: May 10, 2024, Case #: SC-2023-0468, Categories: Evidence, Damages, discovery
Per curiam, the appellate division finds that the lower court improperly dismissed a constructive eviction claimed filed by a tenant due to Legionella bacteria contamination in its building. This is a commercial lease, not a residential one, so the implied warranty of habitability does not apply. Although the contamination did not constitute a casualty under the lease, there is still good reason to permit discovery over damages. Reversed in part.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 9, 2024, Case #: 02580, Categories: Landlord Tenant, discovery
J. Sammartino denies in part Alaska Airlines' motion in limine in the customer service associate's employment action. The airline seeks to exclude the circumstances of another employee's termination, but only provides ill-defined representations and abstract arguments to support its request, which are insufficient. However, previously undisclosed witnesses who were only briefly mentioned during discovery will be excluded from testifying at trial.
Court: USDC Southern District of California, Judge: Sammartino, Filed On: May 9, 2024, Case #: 3:22cv203, NOS: Employment - Civil Rights, Categories: Employment, discovery
J. Castañeda partially grants an insurance company’s opposed motion for an order seeking to protect confidential documents during discovery in a dispute with a policyholder over payment from hailstorm damage. While the company has not “demonstrated a specific need” for a general protective order, some of the policyholder’s requests are overbroad, including those seeking information on payments to other policyholders.
Court: USDC Western District of Texas , Judge: Castañeda, Filed On: May 9, 2024, Case #: 3:24cv28, NOS: Insurance - Contract, Categories: Insurance, discovery
J. Guerra finds that the trial court improperly compelled production of documents in a declaratory judgment and breach of contract case. Requests seeking all of the firm's financial documents and records are impermissible fishing expeditions that are not sufficiently narrowly tailored. The trial court abused its discretion in ordering all of the documents to be produced.
Court: Texas Courts of Appeals, Judge: Guerra, Filed On: May 9, 2024, Case #: 01-23-00694-CV, Categories: discovery, Contract