50 results for 'cat:"Evidence" AND cat:"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. 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
J. Johnson grants a request by a city-parish, compelling an alleged rape victim at a Louisiana college to supplement “vague” and “evasive” responses about her communications with an online “group chat” of women who allege they were sexually assaulted by the same predatory student at three universities. Because counsel for the litigant previously agreed to provide most of the information sought, the alleged rape victim must provide the Lafayette government with a privilege log, including a reason why certain information should be redacted.
Court: USDC Middle District of Louisiana, Judge: Johnson, Filed On: April 30, 2024, Case #: 3:22cv338, NOS: Education - Civil Rights, Categories: Education, evidence, discovery
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J. Currault denies the request of a prevailing litigant to compel the remote deposition of former counsel in the case of a man accused of falsely representing his HIV status to induce unprotected sex, resulting in litigant’s infection with the incurable virus after a sexual encounter in 2019. The former counsel has intervened to assert a lien and any recovery the prevailing litigant may realize from a ruling of default judgment. The prevailing litigant’s recent voluntary relocation to Poland does not, on its own, constitute good cause to order remote depositions. Moreover, he has not argued that travel to New Orleans for the depositions would jeopardize his health or impose a financial burden.
Court: USDC Eastern District of Louisiana , Judge: Currault, Filed On: April 25, 2024, Case #: 2:21cv2242, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Civil Procedure, evidence, discovery
J. Brennan denies the insurer's motion to compel discovery and the completion of an appraisal of reconstruction costs for the apartment building, ruling language in the parties' contract renders any appraisal signed by both parties final and binding. Therefore, the insurer cannot challenge any costs included in the appraisal, which was completed by an independent panel and signed by both parties.
Court: USDC Northern District of Ohio, Judge: Brennan, Filed On: April 23, 2024, Case #: 1:21cv1032, NOS: Insurance - Contract, Categories: evidence, Insurance, discovery
J. Kelley allows in part the motion to access a third party’s mental health records and criminal offender record information of a man granted a new trial after serving approximately 30 years in prison for allegedly raping a 78-year-old woman. The third party is a woman with substance abuse disorder who had a tumultuous intimate relationship with the man, and she had provided testimony that the man confessed of the rape to her. Some of the documents sought are protected by the Public Health Service Act but her “non-communicative mental health records pertaining to her
diagnoses and treatment—are not privileged.”
Court: USDC Massachusetts, Judge: Kelley, Filed On: April 22, 2024, Case #: 1:18cv10147, NOS: Other Civil Rights - Civil Rights, Categories: evidence, Due Process, discovery
J. Wicks grants in part a motion to seal personal information disclosed in series of prior motions to quash or for a protective order, which included the defendants’ social security numbers and corporate bank account information. Several court filings are sealed entirely, while the court allows a portion of the documents to be refiled with redactions. The rest will remain public because the defendants themselves waived their rights to privacy when they included the information in their court motions and allowed those documents to remain on the court docket for months without taking the appropriate action.
Court: USDC Eastern District of New York, Judge: Wicks, Filed On: April 19, 2024, Case #: 2:23cv2370, NOS: Racketeer Influenced and Corrupt Organizations (RICO) - Other Suits, Categories: evidence, Privacy, discovery
J. Morgan reverses, in part, a magistrate's denial of an inmate's motion concerning spoliation of evidence. Although four prison guards argue they lost surveillance video and body scans that justified four days of fruitless searching of an inmate suspected of inserting contraband in his rectum, there is evidence the guards acted with the intent to deprive the inmate of the photos for use in his excessive force suit against them. Furthermore, the body scans the prison produced were not of the inmate.
Court: USDC Eastern District of Louisiana , Judge: Morgan, Filed On: April 9, 2024, Case #: 2:22cv2680, NOS: Prison Condition - Habeas Corpus, Categories: evidence, discovery, Prisoners' Rights
J. Vitter grants summary judgment to a transportation company involved in moving large steel containers by truck, rail and ship, finding a truck driver has failed to present proof the company played a role in loading a container that caused the operator’s truck to tip over, resulting in his injuries.
Court: USDC Eastern District of Louisiana , Judge: Vitter, Filed On: April 4, 2024, Case #: 2:23cv797, NOS: Motor Vehicle - Torts - Personal Injury, Categories: evidence, discovery
J. Kato finds in favor of the science-based nutritional supplement company for its complaint seeking a declaration that its use of the "Nature's Day" mark does not infringe on the dietary supplement brand's mark. The dietary supplement brand does not present evidence that the company knew that the products using the "Nature's Day" mark caused customer confusion, and the dietary supplement brand did not conduct discovery diligently enough to justify giving it more time to conduct discovery.
Court: USDC Central District of California, Judge: Kato, Filed On: March 29, 2024, Case #: 8:23cv766, NOS: Trademark - Property Rights, Categories: evidence, Trademark, discovery
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
Per curiam, the appellate court finds that the trial court should not have excluded medical records a plaintiff driver produced after the expiration of the discovery deadline and shortly before the first trial date. In this case, due to no fault of the parties, the trial was continued for several months, allowing ample time for additional discovery. Reversed.
Court: Louisiana Court Of Appeal, Judge: Per curiam, Filed On: March 22, 2024, Case #: 24-C-21, Categories: evidence, Negligence, discovery
J. White grants a patient’s writ of certiorari to quash the trial court’s order authorizing a doctor, hospital and surgery group to issue subpoenas for her medical records. The trial court failed to limit the subpoenas or perform an in-camera inspection to prevent the disclosure of medical records.
Court: Florida Courts Of Appeal, Judge: White, Filed On: March 15, 2024, Case #: 6D23-2217, Categories: evidence, Health Care, discovery
J. Vatti denies, in part, the financial advisor's objections to the insurer's motion to compel, ruling he must provide requested documents about his clients. The information is not protected by any sort of privilege and is crucial to the insurer's investigation into his application for long-term disability benefits that stems from his alleged inability to manage client funds after a traumatic brain injury.
Court: USDC Connecticut, Judge: Vatti, Filed On: March 15, 2024, Case #: 3:21cv1277, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, evidence, discovery
J. Stabile finds that the trial court in part correctly denied a group of newspaper and media outlets’ motion to intervene and in sealing of the public docket of a man who allegedly hired a hitman to shoot and kill a former business partner after business relations soured. Its decision to seal certain arrest warrant information was appropriate given the sensitivity of Pennsylvania’s ongoing investigation. Affirmed in part.
Court: Pennsylvania Superior Court, Judge: Stabile, Filed On: March 6, 2024, Case #: J-S99001-23, Categories: evidence, Murder, discovery
J. Leblanc grants a request by the owner of a medical office building damaged by back-to-back hurricanes in 2020, ordering its insurer to produce corporate deposition transcripts from other litigation related to the two storms. The insurer argued the property owner’s request was irrelevant and disproportionate to the needs of the case. The prior sworn testimony of the insurer when limited to particular matters is relevant and may lead to discoverable information, particularly regarding claims handling practices.
Court: USDC Western District of Louisiana , Judge: Leblanc, Filed On: March 5, 2024, Case #: 2:22cv05724, NOS: Insurance - Contract, Categories: evidence, Insurance, discovery
J. Currault grants requests by the former owners of a bankrupt clinical laboratory, ordering a creditor suing them for fraud to respond with full and complete answers to discovery questions for the owners’ counterclaims. The creditor’s reference to court filings and memoranda are improper. Complaints and briefs are not verified and, therefore, do not provide admissible evidence, unlike a response to an interrogatory.
Court: USDC Eastern District of Louisiana , Judge: Currault, Filed On: February 28, 2024, Case #: 2:22cv2570, NOS: Other Contract - Contract, Categories: Civil Procedure, evidence, discovery
J. Boyle grants two insurance companies’ joint motion for entry of a consent order, instructing each on how to proceed regarding evidence, confidentiality and discovery.
Court: USDC Eastern District of North Carolina, Judge: Boyle, Filed On: February 13, 2024, Case #: 4:22cv8, NOS: Insurance - Contract, Categories: evidence, Insurance, discovery
J. Vitter denies a request by a motorist arrested on marijuana and weapons charges to overrule a magistrate judge’s decision in a discovery dispute in his civil rights case against a deputy and sheriff. His request for an order requiring the sheriff's office to turn over 255 reports is disproportionate to the needs of the case; the sheriff need only turn over 84 of the requested records. The motorist, whose charges were resolved by pretrial diversion, has not provided evidence to support his accusations the sheriff's office is deliberately withholding documents.
Court: USDC Eastern District of Louisiana , Judge: Vitter, Filed On: February 1, 2024, Case #: 2:21cv1275, NOS: Other Civil Rights - Civil Rights, Categories: evidence, discovery, Police Misconduct
J. Hightower denies an insurance company’s motion for a protective order and an alternative motion to quash subpoenas in a discovery dispute with a home building company over alleged construction defects at hundreds of properties, which the building company argues should be covered by its insurance. The insurance company argues the court has not yet ruled on whether the policy was ambiguous and therefore that “underwriting materials and extrinsic evidence” about the policies are not “relevant or discoverable,” but the court is not ruling on whether these materials “should be admitted into evidence,” and the insurance company has not met its burden to disregard discovery requests.
Court: USDC Western District of Texas , Judge: Hightower, Filed On: January 18, 2024, Case #: 1:22cv1375, NOS: Insurance - Contract, Categories: evidence, Insurance, discovery
J. Ryan finds the trial court properly denied defendant's motion to admit treatment history of one of the victims into evidence at his trial on sexual assault charges. The medical evidence was related solely to the victim's suicidal ideations, not any of the assaults, and, therefore, was privileged. Meanwhile, corroborating testimony from each of the victims about defendant's various assaults was sufficient to convict him of both rape and gross sexual imposition. Affirmed.
Court: Ohio Court Of Appeals, Judge: Ryan, Filed On: January 18, 2024, Case #: 2024-Ohio-157, Categories: evidence, Sex Offender, discovery
J. Currault grants a request by a motorist suing a trucking business to recover damages in a car collision case. The litigant claims the accident was caused by the truck driver’s negligence and raises claims against the owner of the rig for vicarious liability, as well as claims for its alleged failure to adequately hire, train and supervise the driver. The company cannot limit the litigant’s discovery to lane change maneuvers, as it has not established the evidence sought could have no conceivable relevance to any pending claim or defense.
Court: USDC Eastern District of Louisiana , Judge: Currault, Filed On: December 27, 2023, Case #: 2:22cv4037, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Employment, evidence, discovery
J. Wicks grants, in part, a motion in limine to exclude witness testimony in an employment retaliation complaint that alleges the New York’s child and family services agency denied an aide’s promotion after he filed a complaint alleging he was denied accommodations for a work-related head injury. The court excludes a witness’s affidavit on the basis that the witness can attest to the details in person at trial, and further excludes a coworker’s testimony regarding a discussion about his promotion denial, finding it is redundant and constitutes hearsay.
Court: USDC Eastern District of New York, Judge: Wicks, Filed On: December 19, 2023, Case #: 2:18cv7212, NOS: Employment - Civil Rights, Categories: evidence, discovery, Employment Retaliation
J. Belsome finds that the trial court properly quashed a defendant driver's employer's subpoena duces tecum to the plaintiff driver's employer for documents that seek information beyond plaintiff driver's medical injuries. Under jurisprudence, a subpoena duces tecum request must be "limited to information that is relevant or necessary to the case before the court." Affirmed.
Court: Louisiana Court Of Appeal, Judge: Belsome, Filed On: November 13, 2023, Case #: 2023-CA-0294, Categories: evidence, discovery
J. Biggs grants the federal government’s motion for summary judgment after two alleged drug buyers had to forfeit over $25,000 with which they intended to buy controlled substances. The purchasers argue that they have a right to recover the money as it was not intended to be used to buy controlled substances. Attempting to invoke a rule that there had been a clerical mistake made, the purchasers moved that the court should correct it and thus also moved for relief from a previous order and judgment. However, following discovery, evidence shows that they had intended to buy the substances, so their argument fails.
Court: USDC Middle District of North Carolina, Judge: Biggs, Filed On: November 9, 2023, Case #: 1:21cv584, NOS: Drug Related Seizure of Property 21 USC 881 - Forfeiture/Penalty, Categories: evidence, Property, discovery