104 results for 'cat:"Discovery" AND cat:"Contract"'.
J. Lamberth grants the contractor's motion for sanctions in the subcontractor's suit against it stemming from a dispute over a renovation of the Latvian Embassy. The contractor is awarded attorney's fees and costs and the subcontractor is prohibited from introducing evidence relating to costs incurred on the project and opposing the contractor's expert's cost opinions, as sanction for repeated and flagrant failures to follow court orders and produce required discovery.
Court: USDC District of Columbia, Judge: Lamberth, Filed On: April 24, 2024, Case #: 1:22cv1643, NOS: Other Contract - Contract, Categories: Sanctions, discovery, contract
Vice Chancellor Cook grants an investment fund access to books and records in the possession of its former management company, including communications with law firms concerning the fund, because the management agreement is nearly all-encompassing in relation to access.
Court: Delaware Chancery Court, Judge: Cook, Filed On: April 17, 2024, Case #: 2023-1099-NAC, Categories: discovery, contract
Per curiam, the court of appeals conditionally grants the hospital's petition for a writ of mandamus challenging the trial court's discovery order. The hospital promised to pay the provider for physicians after its parent company sold other hospitals. The hospital objected to expedited discovery as being based on the provider's speculation the hospital might be unable to pay a judgment that had not yet been issued. The provider has not alleged certain assets subject to discovery are encumbered by any security interest. The trial court improperly ordered production of documents not relevant to the pending action.
Court: Texas Courts of Appeals, Judge: Per curiam, Filed On: April 4, 2024, Case #: 09-24-00034-CV, Categories: Health Care, discovery, contract
J. Kobayashi partially dismisses the insurance company’s counterclaims in an underlying action involving a construction project at a correctional facility completed by the developer. The developer does not show with any specificity that it would not have entered into a settlement agreement in the underlying case, had it received final drawings of the project during discovery.
Court: USDC Hawaii, Judge: Kobayashi, Filed On: April 1, 2024, Case #: 1:23cv117, NOS: Other Contract - Contract, Categories: Settlements, discovery, contract
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J. Lindsay finds for defendant regarding evidence in breach of contract claims brought by a former CEO, who resigned after being recorded making controversial racial statements, because the CEO must disclose information about his alcohol abuse and treatment after he opened the door by denying using alcohol at the time he made the statements.
Court: USDC Western District of Kentucky, Judge: Lindsay, Filed On: March 28, 2024, Case #: 3:20cv3, NOS: Other Contract - Contract, Categories: Evidence, discovery, contract
J. Simon denies the saw mill owner's motion to dismiss for forum non conveniens the import company owner's complaint the saw mill owner diverted business away from the joint venture shared between the two and refused to disclose profits. Most of the business of the alleged joint venture happened in China, but the saw mill owner should be able to obtain documents located in the country for this lawsuit, especially if the relevant business documents can be scanned and electronically sent to the United States, and it is possible to make witness testimony available either remotely or in-person.
Court: USDC Oregon, Judge: Simon, Filed On: March 27, 2024, Case #: 3:23cv499, NOS: Other Contract - Contract, Categories: discovery, contract
J. Mizelle overrules and denies the judgment holder's objections to several orders by a magistrate judge in his action alleging efforts to evade enforcements of his judgment, and adopts the magistrate judge's report and recommendation resolving the parties' cross-motions for summary judgment. The judgment holder has not shown that a denial of a discovery request substantially harmed his case, nor that his proposed discovery was relevant and proportional. As to a second discovery request, the judgment holder has not shown that he had any right to more documents than the defendants produced, and his objections to a protective order were mooted along with the order itself. His objections to an order granting the defendants' motion to compel are also moot, and the magistrate judge correctly found that the defendants did not breach a confidentiality provision in the parties' agreement.
Court: USDC Middle District of Florida, Judge: Mizelle, Filed On: March 25, 2024, Case #: 8:20cv936, NOS: Fair Labor Standards Act - Labor, Categories: Enforcement Of Judgments, discovery, contract
J. Poplin partially grants the business defendants' motion to compel discovery in this lawsuit brought by timeshare developers asserting claims under the Lanham Act and the Tennessee Consumer Protection Act, based on the defendants' alleged efforts to disrupt their valid timeshare contracts. The timeshare plaintiffs are required to respond to certain requests, including requests for documents related to "bad debt" and "exit fees" stemming from timeshare cancellations.
Court: USDC Eastern District of Tennessee , Judge: Poplin, Filed On: March 18, 2024, Case #: 3:20cv251, NOS: Other Statutory Actions - Other Suits, Categories: Consumer Law, Interference With contract, discovery
J. Parker grants a company's motion to compel discovery after creating a logistics plan for another organization, which, in turn, used the confidential plan without hiring the company or obtaining permission, because certain contract language had been used interchangeably.
Court: USDC Eastern District of Michigan, Judge: Parker, Filed On: March 5, 2024, Case #: 2:20cv11872, NOS: Other Contract - Contract, Categories: discovery, contract
J. Hambrick denies the insurance company's motion for a protective order regarding a "copy of the first Stop Gap coverage form issued to BTI with documents showing the date the form was first used to insure BTI and all variants of that form used thereafter," which relates to the insurance company's complaint that it has no duty to defend or indemnify the employees for when one of the employees suffered injury when unloading a trailer of molten sulfur. The information regarding the stop gap coverage issued to non-party BT Incorporated is relevant and potentially admissible because it can give insight on the parties' intent when they entered into the contract, and the insurance company does not show how allowing this evidence into this case would be unduly burdensome.
Court: USDC Wyoming, Judge: Hambrick, Filed On: March 2, 2024, Case #: 1:23cv76, NOS: Insurance - Contract, Categories: Insurance, discovery, contract
J. Docherty partially grants the law firm's motion to compel discovery in its suit against the litigation finance company alleging consumer protection violations, fraud and abuse of process. The finance company must comply with the firm's discovery request, but is not sanctioned for prior failures to do so. J. Docherty, as a magistrate judge, also cannot grant the firm's request to enjoin the allegedly abusive arbitration.
Court: USDC Minnesota, Judge: Docherty, Filed On: February 26, 2024, Case #: 0:23cv1271, NOS: Other Contract - Contract, Categories: discovery, contract
J. Nye grants one company's motion to compel and another's motion to modify the scheduling order in a contract dispute. There is good cause for granting a 120-day extension to all remaining scheduling order deadlines "with the expectation that further discovery will be limited in scope to resolve the issues of the additional material." The motion to compel is not procedurally deficient and is granted, but the deposition will be conducted remotely with a limited scope, and each deposition is not to exceed one hour.
Court: USDC Idaho, Judge: Nye, Filed On: February 14, 2024, Case #: 2:22cv399, NOS: Other Contract - Contract, Categories: discovery, contract
J. Reidinger partially denies an American email authentication software firm's motion to compel documents and responses during an protracted discovery process with its European affiliate. The firm claims the European affiliate is trying to separate its business operations from that of the American firm. Presently, the affiliate claims the American firm is not providing sufficient evidence in discovery, however the affiliate’s latest requests are unreasonable questions, e.g. asking in what city a contract was signed, and it is not necessary for the firm to provide all this information.
Court: USDC Western District of North Carolina, Judge: Reidinger, Filed On: February 7, 2024, Case #: 1:21cv67, NOS: Copyrights - Property Rights, Categories: Copyright, discovery, contract
J. Wolfson compels the release of documents in claims contending an administrator worked with pharmacy benefit managers to reclassify essential drugs as non-essential to maximize profits at the expense of insurers. The company has an obligation to search documents, even if some are privileged, since production can be withheld later on. Meanwhile, the parties should confer on a narrow set of search terms to determine if certain financial documents should be produced.
Court: USDC New Jersey, Judge: Wolfson , Filed On: February 6, 2024, Case #: 2:22cv2632, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: Insurance, Interference With contract, discovery
J. Day denies a water solution company's motion to intervene in a construction company's claims seeking reimbursement for allegedly defective tanks built at an anaerobic digestion and biogas production facility. The water company's legally protectable interest in confidential discovery information was more substantial than that of other non-parties, but that the company had been denied such information in related state litigation did not give the company the right to "obtain here what would otherwise be inaccessible to it."
Court: USDC New Jersey, Judge: Day, Filed On: February 1, 2024, Case #: 3:22cv4905, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: Construction, discovery, contract
J. Grosjean grants, in part, an employee’s motion to compel in her contract and labor case against a school district. The district, which merely restated its responses to certain requests for admissions, must respond with an admission, denial, or reason why it cannot admit or deny it.
Court: USDC Eastern District of California, Judge: Grosjean, Filed On: January 17, 2024, Case #: 1:21cv500, NOS: Fair Labor Standards Act - Labor, Categories: discovery, contract, Labor
J. Newbern grants the plaintiff company's request "to obtain certain discovery before responding" to the pending summary judgment motion in this breach of contract case concerning an agreement to sell certain medical devices. The plaintiff company has complied with the "procedural and substantive requirements" and the legal factors weigh in favor of granting the motion. The court will also administratively terminate the summary judgment motion.
Court: USDC Middle District of Tennessee , Judge: Newbern, Filed On: January 17, 2024, Case #: 3:23cv72, NOS: Other Contract - Contract, Categories: Civil Procedure, discovery, contract
J. Boyle grants a civilian and military training company’s second motion for preliminary injunction against a former employee who allegedly withheld confidential information, including copies of 98,000 emails. The company’s first motion was denied because up to that point, the former employee’s misappropriation of the information was speculative. Thanks to discovery in a related suit, it was found that the employee does possess said emails, which contain highly sensitive personal information about current employees. This is enough to demonstrate that the company is likely to succeed on the merits and existence of irreparable harm.
Court: USDC Eastern District of North Carolina, Judge: Boyle, Filed On: January 8, 2024, Case #: 5:23cv334, NOS: Other Contract - Contract, Categories: Privacy, discovery, contract
J. James partly grants a machinery and supply company's motion for sanctions concerning a mining company's failure to produce discovery of state dealer protection regulations. The machinery and supply company sufficiently showed in court that the mining company may have wrongfully cancelled a service agreement without adequate notification.
Court: USDC Kansas, Judge: James, Filed On: January 5, 2024, Case #: 2:22cv2331, NOS: Franchise - Contract, Categories: Sanctions, discovery, contract
J. DeGiusti grants the plaintiff company's motion to compel discovery from certain defendants in this lawsuit concerning "the sale of a small-town valve manufacturing company" and the non-solicitation provisions included in the asset purchase agreement. The defendants, which include a former employee and his new valve company, have a duty to supplement their responses.
Court: USDC Western District of Oklahoma , Judge: DeGiusti, Filed On: January 5, 2024, Case #: 5:21cv368, NOS: Defend Trade Secrets Act of 2016 (DTSA) - Property Rights, Categories: Trade Secrets, discovery, contract
J. Winmill denies the defendant insurance company's request to exclude "highly prejudicial evidence" in this breach of contract and bad faith lawsuit stemming from a fatal car collision. The insurance company argues that "evidence of the underlying accident is far too prejudicial to be outweighed by its limited probative value." However, the motion in limine is too broad "at this stage of litigation."
Court: USDC Idaho, Judge: Winmill, Filed On: January 4, 2024, Case #: 1:21cv498, NOS: Other Contract - Contract, Categories: Insurance, discovery, contract
Per curiam, the appellate division finds that the lower court properly limited the scope of the subpoenas the plaintiff law firm may serve on two nonparty insurers in a dispute over the breach of an of-counsel agreement between two law firms. The subpoenas were overbroad, but the date range of the documents sought by the subpoenas should be slightly expanded. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: December 27, 2023, Case #: 06730, Categories: discovery, contract