1,146 results for 'cat:"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
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. 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
J. Wicks grants a Long Island village’s motion to stay discovery pending the outcome of its motion to dismiss in a case over land-use rights. A resident alleges the village violated his constitutional rights when it deliberately delayed his subdivision application for over five years. The court agrees with the village’s argument that its motion to dismiss will most likely be successful, primarily on the basis that the claims are time-barred.
Court: USDC Eastern District of New York, Judge: Wicks, Filed On: May 8, 2024, Case #: 2:23cv4249, NOS: Other Civil Rights - Civil Rights, Categories: Zoning, discovery
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J. Figueredo partially grants the music producer's motion for discovery sanctions against the model who accused him of sexual assault. The model failed to initially produce a 30 minute video on her old iPhone of a conversation between the parties a day after the alleged assault. This untimely production was negligent, but she credibly testified she believed all videos had been transferred to her new phone. The model must bear the additional discovery costs that the producer incurred as a result of the untimely production, but no harsher sanctions are warranted.
Court: USDC Southern District of New York, Judge: Figueredo, Filed On: May 8, 2024, Case #: 1:19cv6257, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: discovery, Assault
J. Winmill grants in part a company's motion to compel in a patent infringement dispute regarding simulated log-siding panel and the machine attachment used to create it. The patent holder did not produce a full exclusive license agreement until after the close of discovery and failed to correct a misstatement in its complaint that it manufactures, distributes and sells simulated log siding when, in fact, it had exclusively licensed those rights to another company. Discovery will be reopened for 45 days. The company may also conduct a second deposition of the patent holder and may file a motion for fees related to this motion.
Court: USDC Idaho, Judge: Winmill, Filed On: May 8, 2024, Case #: 4:22cv307, NOS: Patent - Property Rights, Categories: Patent, discovery
J. Valenzuela grants mandamus relief to a transportation company and truck driver after the trial court improperly compelled responses to an injured driver's request for information on lawsuits filed against the company and access to the truck driver's cell phone. The requests are overbroad, as they seek information on lawsuits filed in the past 10 years and access to the truck driver's cell phone data four hours prior to the accident.
Court: Texas Courts of Appeals, Judge: Valenzuela, Filed On: May 8, 2024, Case #: 04-23-01067-CV , Categories: Tort, Negligence, discovery
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. Benavides conditionally grants the relator’s petition for a writ of mandamus, in which he challenges a ruling in the lower court granting his pre-suit deposition. The entity seeking the deposition failed to show why the deposition should occur in a Rule 202 proceeding. Accordingly, the order granting the request was an abuse of discretion.
Court: Texas Courts of Appeals, Judge: Benavides, Filed On: May 8, 2024, Case #: 13-23-00410-CV, Categories: Civil Procedure, discovery
J. Perret finds that the trial court improperly dismissed the homeowners' claims alleging that the pest control company did not treat the homeowners' property multiple times, leading to a Formosan termite infestation. The trial court erred in dismissing this case as abandoned, because there is evidence to suggest that the homeowners' counsel sent an email about several deficiencies they were concerned about regarding the pest control company's discovery. Reversed.
Court: Louisiana Court Of Appeal, Judge: Perret, Filed On: May 8, 2024, Case #: CA-23-772, Categories: Property, discovery, Contract
J. Huntsman grants the car owners' motion for discovery sanctions based on the defendant car company's failure to appear at one deposition and failure to provide a prepared witness at another deposition in this lawsuit concerning a Hyundai vehicle and its alleged defects. The plaintiffs are entitled to expenses and attorney fees caused by the company's failure to appear, as well as the "constructive failure to adequately present a corporate representative."
Court: USDC Northern District of Oklahoma , Judge: Huntsman, Filed On: May 8, 2024, Case #: 4:23cv297, NOS: Other Contract - Contract, Categories: Sanctions, Product Liability, discovery
J. Horan finds that a plaintiff home loan company that claims a defendant financial company misappropriated the plaintiff company’s trade secrets does not need to provide further specific information about the trade secrets to supplement several of defendant’s interrogatories. The plaintiff company responded to the questions as asked and is not required to provide information beyond the language of the original interrogatories. Defendant's request for an order compelling plaintiff to provide further information is denied.
Court: USDC Northern District of Texas , Judge: Horan, Filed On: May 7, 2024, Case #: 3:22cv2298, NOS: Defend Trade Secrets Act of 2016 (DTSA) - Property Rights, Categories: Trade Secrets, discovery
J. King partially grants the city's motion to stay the family's complaint alleging that the city's employees killed the decedent by placing a spit mask on him after they choked him. The police officers plan to assert their Fifth Amendment rights for the potential federal charges against them, and their depositions are the only identified discovery that the family does not have, so a stay is appropriate. Unless the stay goes on beyond six months, the parties shall notify the court when the U.S. Attorney's Office for the Western District of Washington decides whether to pursue federal criminal charges against the police officers within 30 days of notification.
Court: USDC Western District of Washington, Judge: King, Filed On: May 6, 2024, Case #: 3:21cv5692, NOS: Other Civil Rights - Civil Rights, Categories: Wrongful Death, discovery, Police Misconduct
J. Sammartino partially grants CoreCivic's motion to stay in a case accusing it of violating California's labor laws with respect to detainees' voluntary work and coercing detainees to perform uncompensated work in violation of both state and federal law. The limited stay only applies to dispositive motions regarding state law claims potentially subject to the constitutional defense at issue in a case pending before the 9th Circuit. However, discovery related to the state law claims will not be stayed, as this case has already been going on for nearly seven years.
Court: USDC Southern District of California, Judge: Sammartino, Filed On: May 6, 2024, Case #: 3:17cv1112, NOS: Other Statutory Actions - Other Suits, Categories: discovery, Labor
J. Hernandez grants the distillery's motion to enforce the court's Jan. 25, 2024, order for the shareholder's whistleblower and wrongful termination lawsuit. The order required the shareholder's counsel to return all contested documents to the distillery, and the counsel's failure to return the documents rather than offering to destroy them and to provide a sealed copy to the court does not comply with the order, so enforcement is appropriate.
Court: USDC Oregon, Judge: Hernandez, Filed On: May 4, 2024, Case #: 3:20cv2182, NOS: Other Contract - Contract, Categories: discovery, Contract
J. Bourgeois denies an insurer's request to compel a property owner to provide more than a one-word denial that it filed separate damage claims two to six months after Hurricane Ida hit Louisiana in 2021. If true, the insurer’s allegations of tardiness would contradict the property owner’s breach of contract suit alleging the insurer failed to pay the amount due within 30 days after receipt of satisfactory proof of loss, as required by state law. The property owner denied both of the insurer’s requests for admissions, and the denials are “sufficient even if they are false.” However, if the insurer ultimately proves the denied matter is true, the property owner may be subject to sanctions.
Court: USDC Middle District of Louisiana, Judge: Bourgeois, Filed On: May 3, 2024, Case #: 3:23cv820, NOS: Insurance - Contract, Categories: Civil Procedure, Damages, discovery
J. Jones orders the insureds to respond to two of the insurance company's interrogatories for the insureds' complaint alleging that the insurance company must fully cover the insureds' underinsured motorist claim. One of the interrogatories is relevant to the case because it deals with employment history and the insureds claim that they lost substantial wages, while the other interrogatory deals with why the insureds think that the insurance company violated the Insurance Fair Conduct Act, and the insureds cannot delegate their duty to respond on their expert witness.
Court: USDC Western District of Washington, Judge: Jones, Filed On: May 3, 2024, Case #: 2:23cv420, NOS: Insurance - Contract, Categories: Insurance, Experts, discovery
J. Eckerle finds that grandparents were properly denied requests to bring motions for child support, discovery, and permanent custody during the period that their temporary custody was in effect because the motions were not ripe for consideration until permanent placement of their grandchild had been established. Affirmed in part.
Court: Kentucky Court Of Appeals, Judge: Eckerle, Filed On: May 3, 2024, Case #: 2023-CA-0941-ME, Categories: Civil Procedure, Family Law, discovery
J. Gallagher finds the trial court properly denied defendant's motion for a mistrial. The discovery violation committed by the prosecution - a failure to disclose certain parole documents - was harmless, as the facts of his parole were irrelevant to the single charge of escape named in the indictment. Affirmed.
Court: Ohio Court Of Appeals, Judge: Gallagher, Filed On: May 2, 2024, Case #: 2024-Ohio-1686, Categories: Escape, discovery