46 results for 'cat:"Tort" AND cat:"Discovery"'.
J. Yarbrough grants, in part, the fired employee's motion to compel discovery, ruling the employer must produce documents related to disciplinary investigations of other employees during the same time frame to allow the fired employee to collect comparator data.
Court: USDC New Mexico, Judge: Yarbrough, Filed On: April 30, 2024, Case #: 1:23cv113, NOS: Federal Employers’ Liability - Torts - Personal Injury, Categories: tort, Negligence, discovery
J. Axon denies, in part, the government and its entities motion to dismiss tort allegations after a recreation specialist employed by the Bureau of Prisons caused the decedent’s death in a vehicle collision. The United States raises a jurisdictional question that is intertwined with a merits question of the estate’s claim; the Federal Prisons, Department of Justice, and National Institute of Corrections are dismissed from this case for lack of subject matter jurisdiction. The court granted the estate’s motion for deferral ruling until discovery is complete and to determine if the specialist was acting in her scope of work. The stay is lifted, and the remaining parties must meet and confer the filing of a Rule 26 report. Therefore, the court finds the government’s motion for summary judgment to be moot and has granted the estate’s motion for further discovery before ruling on the United States motion to dismiss.
Court: USDC Northern District of Alabama , Judge: Axon, Filed On: April 24, 2024, Case #: 7:23cv1201, NOS: Other Personal Injury - Torts - Personal Injury, Categories: tort, Wrongful Death, discovery
J. Currault grants a request by a woman injured in a traffic accident with the driver of a truck owned by a holding company, compelling disclosure of the individual owners of all members of its limited liability corporations. The holding company’s responses are insufficient, and the citizenship of the truck’s owners is a “fundamental threshold issue” that must be addressed. “Although this may be a case in which sealing the identities of upstream owners may be justified,” the holding company must provide the litigant with a redacted list of individuals or entities.
Court: USDC Eastern District of Louisiana , Judge: Currault, Filed On: April 18, 2024, Case #: 2:22cv480, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Civil Procedure, tort, discovery
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Per curiam, the appellate court conditionally grants a writ of mandamus to vacate an order to compel the relator entities to respond to pre-arbitration discovery requests for underlying tort claims. The trial court abused its discretion by delaying a ruling "on the merits of arbitrability until after discovery."
Court: Texas Courts of Appeals, Judge: Per curiam, Filed On: April 9, 2024, Case #: 14-23-00872-CV, Categories: Arbitration, tort, discovery
J. Dick denies pre-trial requests by nine litigants to exclude evidence of drug use by two welders killed in a Louisiana paper mill explosion in 2017. The decedents are not involved in a negligence suit against the owners of the mill, where three workers were killed and seven others injured by the blast during “hot work” activities near a flammable tank. The evidence of drugs on the two men who also tested positive for drug use in post-mortem exams is material to the issue of what caused the deadly accident.
Court: USDC Middle District of Louisiana, Judge: Dick, Filed On: April 3, 2024, Case #: 3:18cv613, NOS: Other Personal Injury - Torts - Personal Injury, Categories: tort, Negligence, discovery
J. Coulson grants, in part, Tractor Supply’s motion for summary judgment in this personal injury suit brought by a married couple. The husband who was employed by a third-party logistics company as a freight handler was injured when a third-party staffing company employee ran into him with a pallet jack. The couple claims vicarious negligence, negligent entrustment, negligent hiring, retention, and supervision and loss of consortium. Tractor Supply argues they did not employ either of the third-party employees, but a reasonable jury could find that the staffing company employee was in fact employed by being on the premises. The couples’ negligence claims are dismissed for lack of a genuine dispute. The parties shall confer and inform the court if they will or will not participate in a settlement conference regarding Tractor Supply’s third-party complaint against the staffing company employee for discovery.
Court: USDC Maryland, Judge: Coulson, Filed On: March 15, 2024, Case #: 1:23cv1078, NOS: Other Personal Injury - Torts - Personal Injury, Categories: tort, Negligence, discovery
J. Goodwin partially grants the defendant motorist's motions in limine in this personal injury lawsuit arising from a motor vehicle collision. The plaintiff motorist and his non-expert fact witnesses may testify as to mental and emotional pain suffered from the experience, but cannot testify as to the motorist's injuries and treatment. The plaintiff motorist is also prohibited from "urging the jury to send a message with its verdict," as this would be inappropriate.
Court: USDC Western District of Oklahoma , Judge: Goodwin, Filed On: March 11, 2024, Case #: 5:22cv389, NOS: Motor Vehicle - Torts - Personal Injury, Categories: tort, Experts, discovery
J. Goodwin denies in part the plaintiff motorist's motions in limine in this lawsuit arising from a motor vehicle collision. The plaintiff motorist seeks to preclude the defendant motorist from introducing plaintiff's medical information that is not related to this case, but this request is too broad and does not identify any specific record. Plaintiff can object during trial if defendant attempts to introduce an inadmissible medical record. However, the defendant motorist's counsel and witnesses are precluded from suggesting "that the jury's decision may result in higher healthcare costs or affect the costs of insurance."
Court: USDC Western District of Oklahoma , Judge: Goodwin, Filed On: March 11, 2024, Case #: 5:22cv389, NOS: Motor Vehicle - Torts - Personal Injury, Categories: tort, discovery
J. Pena conditionally grants in part this petition for a writ of mandamus, in which the relators challenge an order concerning a medical examination in the underlying personal injury suit. The lower court abused its discretion in requiring that the examination be recorded, as there was no good cause shown.
Court: Texas Courts of Appeals, Judge: Pena, Filed On: February 14, 2024, Case #: 13-23-00437-CV, Categories: Civil Procedure, tort, discovery
Per curiam, the appellate division finds that the lower court improperly denied the archdiocese a protective order striking the alleged child sex abuse victim's demand for documents. The demand is palpably improper as it is overbroad and seeks irrelevant information. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: February 7, 2024, Case #: 00644, Categories: tort, discovery
J. Currault grants a request by a T.J. Maxx store allowing it to withdraw admissions to facts that had been deemed admitted when it responded past a deadline to a litigant's discovery requests for her slip and fall suit. Allowing the store to withdraw the deemed admissions at the early stage of the litigation is proper. Withdrawal of the deemed admissions is favored, as it will allow for resolution of the litigant's suit on its merits rather than procedural error. Further, withdrawal will not hurt the litigant's case, despite her protests of the store counsel's "abuses of professional courtesies."
Court: USDC Eastern District of Louisiana , Judge: Currault, Filed On: February 7, 2024, Case #: 2:23cv5020, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Civil Procedure, tort, discovery
J. Johnson denies the defendant companies' motion to claw back a document produced during discovery in a product liability suit involving a defective surgical stapler. The document, an Establishment Inspection Report from the FDA, is relevant to the claims and not protected by work product privilege.
Court: USDC Eastern District of Texas , Judge: Johnson, Filed On: January 23, 2024, Case #: 4:19cv870, NOS: Personal Injury - Health Care/Pharmaceutical Personal Injury/Product Liability - Torts - Personal Injury, Categories: tort, Product Liability, discovery
J. Merkl orders counsel for former New York Governor Andrew Cuomo and an unnamed female New York state trooper to proceed with discovery under heightened judicial oversight in an attempt to resolve contentious discovery proceedings. In this case the litigant, who alleges the former governor sexually harassed her and other state employees, received over 48 subpoenas from the former governor, which the court finds is an attempt to uncover material that could impeach the litigant and several non-party state employees. Discovery will be subject to a series of limitations and will proceed in stages, with documentary discovery taking place followed by depositions.
Court: USDC Eastern District of New York, Judge: Merkl, Filed On: January 16, 2024, Case #: 1:22cv893, NOS: Employment - Civil Rights, Categories: Civil Rights, tort, discovery
Per curiam, the appellate division finds that the lower court improperly granted the city's motion to compel the plaintiff to appear for an independent medical examination. The city cannot show good cause for the delay in bringing its request, and the record shows a lack of diligence in seeking discovery. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: December 21, 2023, Case #: 06601, Categories: tort, discovery
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. DeGiusti partially denies the city's motion to strike an affidavit in this lawsuit arising from a motor vehicle collision involving a city police officer who was allegedly driving his personal vehicle at a speed exceeding the posted speed limit at the time of the incident. The court will not strike the affidavit at issue, though it notes that the plaintiffs failed to disclose the witness "at numerous points during this case." They will also be allowed to amend the final witness list.
Court: USDC Western District of Oklahoma , Judge: DeGiusti, Filed On: December 15, 2023, Case #: 5:20cv851, NOS: Other Civil Rights - Civil Rights, Categories: tort, Experts, discovery
J. Whitehead grants the customer's motion to remand to state court her complaint alleging that she slipped and injured her knee inside a Safeway grocery store. Safeway filed its removal motion around the one-year deadline of the removal statute, which was one year after the customer filed and served her complaint, but Safeway does not show that the customer acted in bad faith during discovery to justify the filing delay, so this case will be remanded.
Court: USDC Western District of Washington, Judge: Whitehead, Filed On: November 9, 2023, Case #: 2:23cv638, NOS: Other Personal Injury - Torts - Personal Injury, Categories: tort, Jurisdiction, discovery
J. Sweazea grants, in part, the commercial truck driver's motion to compel, ruling the logistics company must provide the name of the co-driver involved in the crash because he could be a crucial witness. However, the driver's request for 10 years of incident records from the logistics company is overly broad and will be denied.
Court: USDC New Mexico, Judge: Sweazea, Filed On: November 1, 2023, Case #: 2:23cv18, NOS: Motor Vehicle - Torts - Personal Injury, Categories: tort, Vehicle, discovery
Per curiam, the appellate division finds that the lower court properly denied the defendant driver's motion to compel the plaintiff driver to produce her pre-accident psychiatric records. Her general allegations of anxiety and mental anguish following the accident do not place her entire mental health history at issue. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: October 31, 2023, Case #: 05483, Categories: tort, discovery
J. Peterson grants the city's motion to exclude the proposed expert testimony of Dr. David L. Sunding from its lawsuit alleging that polychlorinated biphenyls from Monsanto's product, Aroclor, contaminated the Lower Duwamish River. Dr. Sunding's supplemental report is time barred because he submitted it nearly six months after the November 2023 expert report deadline, and on the last day of the parties' expert discovery period.
Court: USDC Western District of Washington, Judge: Peterson, Filed On: October 26, 2023, Case #: 2:16cv107, NOS: Torts to Land - Real Property, Categories: tort, Experts, discovery
J. Logue finds the trial court properly awarded the citizen attorney fees and costs in her slip-and-fall lawsuit against Costco. The trial court did not abuse its discretion by issuing two orders awarding the citizen $5,460 in attorney fees and costs based on Costco's attorney answering an interrogatory with an objection that had already been overruled and coaching a corporate representative at a deposition to read from a document the attorney provided to him without disclosing its contents to the citizen's attorney. Affirmed.
Court: Florida Courts Of Appeal, Judge: Logue, Filed On: October 25, 2023, Case #: 22-0585, Categories: tort, discovery, Attorney Fees
J. Duffin grants the manufacturer's motion for sanctions against the insurance company for violations of discovery rules in the company's lawsuit over fires caused by the manufacturer's defective dryers. The company litigating a motion to compel documents that its expert had already purchased in some form from a third party was an abuse of the discovery process, so even though the federal rule the manufacturer cites does not apply to discovery requests, the motion is granted in that it is awarded costs and fees it incurred responding to the company's motion to compel. The insurance company's motion to reopen discovery in light of a recall of dryers that occurred shortly after discovery closed is denied.
Court: USDC Eastern District of Wisconsin, Judge: Duffin, Filed On: October 19, 2023, Case #: 2:20cv1455, NOS: Tort Product Liability - Real Property, Categories: tort, Product Liability, discovery
Per curiam, the appellate division finds that the lower court properly granted the woman's motion to strike the hospital's answer for spoliation of evidence. The hospital only preserved video footage showing approximately 12 seconds prior to the woman's slip and fall and failed to explain what happened to the other pre-accident footage. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: October 12, 2023, Case #: 05214, Categories: Sanctions, tort, discovery