107 results for 'cat:"Discovery" AND cat:"Contract"'.
J. Berg issues a protective order for responses to discovery requests, deposition testimony, and exhibits in this breach of contract action in order to prevent disclosure of confidential information.
Court: USDC Eastern District of Michigan, Judge: Berg, Filed On: September 28, 2023, Case #: 2:22cv13037, NOS: Other Contract - Contract, Categories: discovery, Privilege, contract
J. Cain denies a request by State Farm to depose a hurricane-damage remediation contractor before the contractor's counsel deposes the insurer’s corporate representative regarding the former litigant’s assigned benefits claims on home repairs. State Farm unsuccessfully argues that because the contractor has the burden of proof at trial, State Farm should be permitted to depose the contractor first. State Farm has not shown good cause why its recommended sequencing of depositions should be ordered.
Court: USDC Western District of Louisiana , Judge: Cain, Filed On: September 26, 2023, Case #: 2:21cv3658, NOS: Insurance - Contract, Categories: Insurance, discovery, contract
J. You denies the distillery's motion to disqualify the shareholder's counsel in the shareholder's whistleblower and wrongful termination lawsuit. The distillery argues that the shareholder's counsel did not disclose that the shareholder had confidential emails from his time working for the distillery and that counsel improperly viewed those emails without a court order. However, the shareholder legally obtained the documents because the distillery's policy allowed him to transfer them to his personal account during him time as a CEO, and the distillery did not demand the documents back until this case's pending motions in 2023.
Court: USDC Oregon, Judge: You, Filed On: September 14, 2023, Case #: 3:20cv2182, NOS: Other Contract - Contract, Categories: Employment, discovery, contract
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J. Doughty grants a pre-trial request by the biological child of a Louisiana resident, finding the state’s “Dead Man Statute” bars her stepmother from introducing text messages and oral conversations with her father regarding a $315,000 Rolls Royce Phantom he allegedly gave to his wife one week before he died. The stepmother unsuccessfully argues that the statute’s hearsay prohibition does not apply to her suit against the stepdaughter for posthumous conversion of the luxury car to cash. The stepmother failed to comply with certain procedural requirements that would allow her to introduce the documents and a video as evidence of her ownership. Further, applying the Dead Man’s Statute to the conversion suit would encourage other Louisiana litigants to “forum shop.”
Court: USDC Western District of Louisiana , Judge: Doughty, Filed On: September 12, 2023, Case #: 5:22cv335, NOS: Other Contract - Contract, Categories: Conversion, discovery, contract
[Consolidated.] J. Cronan partially grants both parties' discovery motions in a dispute between a mining company and its supplier over three contracts to purchase industrial filter presses used to process refinery waste. The miner's expert may testify that bauxite residue in the filters may have caused longer cycle times, but not that this was the only reason for slower-than-expected cycle times. However, the supplier is entitles to dismissal of claims for negligent misrepresentation and unjust enrichment.
Court: USDC Southern District of New York, Judge: Cronan, Filed On: September 11, 2023, Case #: 1:20cv4136, NOS: Contract Product Liability - Contract, Categories: Product Liability, discovery, contract
J. Cummings denies the defendant specialty machinery manufacturer’s motion to compel the plaintiff event services company to produce documents and witness depositions for this ongoing contract suit. The manufacturer claims the documents and witnesses are important for its case, in which it argues that it does not owe the events services company over $529,000 for constructing its exhibit at a tradeshow. However, the court finds that attorney-client privilege applies to the requested documents.
Court: USDC Northern District of Illinois, Judge: Cummings, Filed On: September 8, 2023, Case #: 1:18cv5900, NOS: Other Contract - Contract, Categories: discovery, Privilege, contract
J. Micko partially grants the former employer's motion to compel discovery in its breach-of-contract and tortious-interference case against its former employee and the competitor for whom the employee now works. The motion is granted as to correspondence between the competitor and the former employee regarding the former employer's prospective customers within the limitations set forth in the noncompetition clause in the employee's employment agreement, as well as to documents in the employee's possession related to the employer's prospective customers within that limitation. It is denied to the extent that it seeks all correspondents between the employee or the competitor and "any other person" relating to the subject matter of litigation, but such correspondence directly referencing this action is subject to discovery.
Court: USDC Minnesota, Judge: Micko, Filed On: September 8, 2023, Case #: 0:21cv1512, NOS: Other Contract - Contract, Categories: Employment, discovery, contract
J. Hummel grants the information technology company's motion to reopen discovery and permit late expert disclosure in a breach of contract lawsuit brought by a consulting company. The tech company discovered its need for an expert witness only 26 days before the end of the discovery period after determining the witnesses that the consulting company put forward were not in fact its employees, but rather employees working out of a subsidiary in India and, therefore, outside the court's reach. While the tech company could have acted sooner, it acted in good faith to find an available expert during that time.
Court: USDC Northern District of New York, Judge: Hummel, Filed On: September 8, 2023, Case #: 1:20cv508, NOS: Other Contract - Contract, Categories: Experts, discovery, contract
J. Land partially grants a company's pre-trial motion to exclude certain settlement communications in a breach of contract action against a former employee. The employee may not introduce the post-preliminary injunction takedown communications. The company's motions regarding exclusion of the fifth amended agreement and evidence related to quantum meruit damages are also granted. The agreement is not relevant to any remaining issues in the case. The employee's motion to exclude testimony from a certified public accountant on the company's damages is denied.
Court: USDC Middle District of Georgia, Judge: Land, Filed On: September 6, 2023, Case #: 4:21cv95, NOS: Other Contract - Contract, Categories: Experts, discovery, contract
J. Coulson grants a technology services provider its motions for discovery sanctions and partial summary judgment in its breach of contract suit against a similar firm. When the provider acquired the firm's contract with two IT communications companies, the firm did not follow up with the provider after the purchase. Presently, the firm has failed to respond to the motions, and therefore, they are granted as they are unopposed.
Court: USDC Maryland, Judge: Coulson, Filed On: September 1, 2023, Case #: 1:21cv673, NOS: Other Contract - Contract, Categories: Enforcement Of Judgments, discovery, contract
Per curiam, the appeals court finds the trial court needs to hold an evidentiary hearing to make specific findings to support its dismissal with prejudice of the rehab center's lawsuit against the citizen for nonpayment for services it provided to her after her trip and fall accident. Though the trial court still may find dismissal necessary for alleged discovery violations committed by the center, including failing to comply with multiple court orders demanding its complete responses to the citizen's discovery requests, it needs to address each of the six factors laid out by Florida Supreme Court precedent to support its order. Reversed.
Court: Florida Courts Of Appeal, Judge: Per curiam, Filed On: August 30, 2023, Case #: 22-1496, Categories: Sanctions, discovery, contract
J. Tsuchida grants the pharmaceutical company's motion to disqualify the Bob Marley cannabis company's counsel, Patrick Moen, from reviewing discovery for the cannabis company's lawsuit alleging that the pharmaceutical company owes it royalty payments for adult-use cannabis products. An attorney-client relationship existed between Moen and the pharmaceutical company during a prior case, and Moen may possess information that may harm the pharmaceutical company in this case. Moen must destroy all confidential discovery in his possession.
Court: USDC Western District of Washington, Judge: Tsuchida, Filed On: August 16, 2023, Case #: 2:21cv1692, NOS: Other Contract - Contract, Categories: Civil Procedure, discovery, contract
J. McCook enters a protective order to govern the disclosure of confidential information and other materials produced during discovery. The parties can label any discovery as confidential, if they reasonably determine it to be "sensitive, nonpublic material, which if disclosed would cause a serious, defined harm to the producing party."
Court: USDC Eastern District of Tennessee , Judge: McCook, Filed On: August 10, 2023, Case #: 3:23cv177, NOS: Other Contract - Contract, Categories: discovery, contract
J. Armstrong denies the software client's motion to compel production of unredacted documents, ruling that IBM's work with other companies is irrelevant to the issues present in this case, while the client's request also lacks the specificity required to force IBM to conduct this type of burdensome discovery.
Court: USDC Connecticut, Judge: Armstrong, Filed On: August 9, 2023, Case #: 1:21cv870, NOS: Other Contract - Contract, Categories: discovery, contract
J. Hummel partially grants a consulting firm’s motion to compel and orders the defendant IT services company to produce both an index that will help the litigant better understand how responsive a package of emails is to the litigant’s discovery requests, as well as an affidavit from its cloud-based email services provider to corroborate its claims that there is no backup or archival record of previously deleted email accounts and associated emails after the litigant subpoenaed the California Highway Patrol and received documents that suggested the defendant was withholding relevant emails.
Court: USDC Northern District of New York, Judge: Hummel, Filed On: August 9, 2023, Case #: 1:20cv508, NOS: Other Contract - Contract, Categories: discovery, contract, Technology
J. King grants the interlocal cooperative leave to file a second amended complaint, which arises from its first complaint alleging that the insurance company must defend and indemnify the interlocal cooperative in three underlying sexual abuse lawsuits. Filing a second amended complaint will not cause the insurance company undue prejudice because there is no scheduling order and no one has engaged in discovery yet. The interlocal cooperative must file its second amended complaint within seven days of this order.
Court: USDC Western District of Washington, Judge: King, Filed On: August 8, 2023, Case #: 2:21cv874, NOS: Insurance - Contract, Categories: Insurance, discovery, contract
J. Brown finds that the district court should not have allowed discovery access to a driver's cell phone records for up to five days after the car accident because the request is overly broad. However, based on the discrepancies contained in the driver's deposition testimony regarding her cell phone, the plaintiff driver's subpoenas for the data related to the phone number is modified for two days after the accident.
Court: Louisiana Court Of Appeal, Judge: Brown, Filed On: July 24, 2023, Case #: 2023-C-0429, Categories: discovery, contract
J. Rothstein denies summary judgment to the aircraft manufacturer for the aircraft supply store's contract claim alleging that the manufacturer did not pay the store for the design and development of a custom sliding door for the manufacturer's Global 5000 and 6000 aircraft. Although the store's factual allegations are sometimes in conflict with the provided documentation, there are still issues of material fact in dispute as to whether the manufacturer owes cancellation costs for canceled purchase orders under the contract. Discovery with a more complete record may subject this claim to summary judgment.
Court: USDC Western District of Washington, Judge: Rothstein, Filed On: July 10, 2023, Case #: 2:22cv01238, NOS: Other Contract - Contract, Categories: discovery, contract