32 results for 'cat:"Fraud" AND cat:"Discovery"'.
Per curiam, the appellate division finds that the lower court properly excluded the defendant tour company's expert disclosure because it was not accompanied by a written report containing the alleged false online reviews considered by the expert informing the opinion. The omission of this information prejudiced the plaintiff taxi tour companies' ability to respond to the expert's opinion. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 16, 2024, Case #: 02760, Categories: fraud, Experts, discovery
J. Robertson denies a bank’s motion to compel the depositions of individuals who were, but no longer are, plaintiffs in lawsuits against a fraudulent internet phone service company. The bank fails to show that its requested subpoenas of putative absent class members are narrowly tailored to subjects that are clearly relevant.
Court: USDC Massachusetts, Judge: Robertson, Filed On: May 15, 2024, Case #: 4:14md2566, NOS: Other Contract - Contract, Categories: fraud, discovery, Class Action
J. Dennis, in this interlocutory discovery appeal, finds the district court properly affirmed the magistrate's ruling the non-party genetic testing services failed to establish privilege. An owner of a testing facility was indicted for fraud and offering kickbacks related to services for Medicare beneficiaries. A protocol order challenged by the non-parties, which required a filter team to review their documents material to the indictee owner's defense, is not the basis for the magistrate's decision. The non-parties are required to sustain assertions of privilege under standards of federal common law. The magistrate correctly found the non-parties’ privilege logs “do not provide a description for the documents...to explain why each should be protected.” Affirmed.
Court: 5th Circuit, Judge: Dennis, Filed On: April 24, 2024, Case #: 22-30316, Categories: Dna, fraud, discovery
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J. Nye denies investors' motions to modify the scheduling order, for leave to amend, to reopen discovery and for reconsideration in a landfill acquisition project investment dispute. The investors' "newly discovered evidence could have easily been discovered at any point prior to or during this litigation." They do not cite unforeseen circumstances that prevented them from seeking the records earlier. The investors do not address their "untimely delay in requesting the records and petitioning this Court for modification, amendment, and reconsideration."
Court: USDC Idaho, Judge: Nye, Filed On: April 15, 2024, Case #: 1:20cv544, NOS: Securities/Commodities/Exchange - Other Suits, Categories: fraud, Securities, discovery
J. DeGravelles grants a request by an ophthalmology practice to dismiss a retina specialist’s fraud claim for lack of detail. The physician is given more time to address deficiencies in his complaint. His fraud claim is based on the practice’s alleged misrepresentation that the business was relatively debt-free during their contract negotiations. The doctor’s fraud claim may be reasserted on amounts he may be owed that are found in the discovery.
Court: USDC Middle District of Louisiana, Judge: DeGravelles, Filed On: March 4, 2024, Case #: 3:22cv3158, NOS: Other Contract - Contract, Categories: fraud, Health Care, discovery
J. Collins finds that the district court properly entered default judgment against defendants, who engaged in insurance fraud. The district court concluded that defendants repeatedly failed to obey court orders related to discovery and entered default judgment against them. The district court also entered distinct sanctions on defendants. Affirmed.
Court: 9th Circuit, Judge: Collins, Filed On: February 22, 2024, Case #: 22-55199, Categories: fraud, discovery
Per curiam, the appellate division finds that the lower court properly granted the state's motion to compel compliance with a subpoena, subject to certain agreed-upon redactions, in an investigation into the nonprofit's potential violations of the law. The subpoena does not infringe on the nonprofit's First Amendment rights, as the First Amendment privilege does not shield a charitable organization from oversight, and it has made no showing that producing the information would chill its members' associational rights. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: February 15, 2024, Case #: 00819, Categories: Corporations, fraud, discovery
J. Matsumoto grants a motion to intervene filed by the district’s U.S. Attorney and stays a securities fraud action pending resolution of a related criminal case filed in the U.S. Eastern District of New York. The lead defendant in the case was indicted on charges related to the same actions that the SEC cited in its complaint, which alleges he and other individuals defrauded over 4,000 investors of more than $528 million in investment funds. The court agrees with the government’s assertions that it has a strong interest in preventing discovery in the civil case from circumventing the more limited discovery proceedings in the criminal trial.
Court: USDC Eastern District of New York, Judge: Matsumoto, Filed On: February 5, 2024, Case #: 2:23cv8953, NOS: Securities/Commodities/Exchange - Other Suits, Categories: fraud, Securities, discovery
Per curiam, the appellate division finds that the lower court properly denied the National Rifle Association's motion for a deposition of the New York Attorney General. The Attorney General is acting as counsel to the state in this case and possesses no personal knowledge of the facts relevant to the issue. The proper way to learn the Attorney General's legal theories is through contention interrogatories. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: January 30, 2024, Case #: 00389, Categories: fraud, discovery
J. Milazzo denies a request by the maker of an allegedly defective chemotherapy drug to vacate the multi-district court’s case management order in a mass product liability litigation. The pharmaceutical company unsuccessfully argued the lawyers for the cancer patient-litigants violated the multi-district litigation (MDL) court’s established procedure for controlling pretrial discovery by introducing new and previously excluded testimony. Out of 14 hours of preserved testimony, the drug-maker alleges only five violations, which can be cured by striking the improper testimony. The order specifically provides the MDL court will not decide issues related to admissibility of preservation deposition testimony at trial, which are reserved for the receiving courts.
Court: USDC Eastern District of Louisiana , Judge: Milazzo, Filed On: January 8, 2024, Case #: 2:16md2740, NOS: Personal Injury - Health Care/Pharmaceutical Personal Injury/Product Liability - Torts - Personal Injury, Categories: fraud, Product Liability, discovery
[Consolidated.] J. Bianco finds that the district court improperly ordered the destruction of financial records obtained by federal labor agents and used in prosecuting a fraudulent life insurance scheme that caused over $50 million in losses. The criminal case had been resolved, but records may be required to defend against anticipated collateral attacks on that conviction and to preserve evidence should retrial occur.
Court: 2nd Circuit, Judge: Bianco, Filed On: December 11, 2023, Case #: 22-1057, Categories: fraud, Insurance, discovery
J. Cronan grants an insurer's motion for additional discovery in a coverage dispute over damage to the condo association's property purportedly caused by Hurricane Sally in 2020. The insurer has adequately alleged that the association was already in the process of replacing its elevators and roofs before the storm, but then attempted to get insurance coverage by claiming that the storm damaged them. Additional discovery is necessary to see if the association's claim was indeed fraudulent, and the association will not be prejudiced thereby.
Court: USDC Southern District of New York, Judge: Cronan, Filed On: December 1, 2023, Case #: 1:22cv3165, NOS: Insurance - Contract, Categories: fraud, discovery, Contract
Per curiam, the appellate division finds that the lower court denied the man's motion to strike the company's answer or preclude it from offering certain evidence in a suit accusing the company of fraudulently conveying real property. Despite the company's failure to timely challenge the discovery demand, the court was entitled to independently find that the discovery demands were burdensome and oppressive. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: November 29, 2023, Case #: 06133, Categories: fraud, discovery
J. Kobayashi partially dismisses the tech company’s counterclaim against the insurance company for refusing to produce documents during discovery of an underlying construction dispute. The tech company did not allege with enough specificity how the insurance company committed fraud by denying it access to final diagrams when the parties were settling on the underlying case. The tech company may file an amended counterclaim.
Court: USDC Hawaii, Judge: Kobayashi, Filed On: November 14, 2023, Case #: 1:23cv117, NOS: Other Contract - Contract, Categories: fraud, Insurance, discovery
J. Jones issues an order to compel the boat company to comply with discovery requests from the boat buyers, who claim in their lawsuit that the boat company defrauded them during the sale of a boat. The information the boat buyers seek is relevant to their case and the boat company does not show that this information qualifies as trade secrets or is somehow privileged. Also, because the individual defendant refused to meaningfully participate in the discovery process, he must pay the boat buyers' request for $3,700 in fees.
Court: USDC Western District of Washington, Judge: Jones, Filed On: October 13, 2023, Case #: 2:22cv1594, NOS: Other Fraud - Torts - Personal Property, Categories: fraud, discovery, Attorney Fees
J. Currault denies a request by insurance giant Allstate to issue an order barring a former insurance agent from obtaining information about its contacts with his former clients for his breach of contract suit. Only Allstate communications with the agent’s customers who have non-Allstate products are relevant to his remaining claims alleging the insurer engaged in certain fraudulent statements or unfair trade practices after he was fired.
Court: USDC Eastern District of Louisiana , Judge: Currault, Filed On: October 10, 2023, Case #: 2:22cv2052, NOS: Insurance - Contract, Categories: fraud, Insurance, discovery
J. Owens finds that the lower court properly denied a protective order requested by a bank regarding an underlying employment and fraud dispute. Those bringing the suit sought to depose three executives with the bank, and the bank moved for a protective order against the depositions. The lower court, however, rightfully denied the request. The bank's arguments that the "apex doctrine" shielded them are without merit, as it is not a doctrine that has been adopted by a single court in the entire state. It also unfairly shifts the burden of proof during discovery proceedings and undermines court access rights. Affirmed.
Court: Washington Supreme Court, Judge: Owens, Filed On: September 14, 2023, Case #: 100717-5, Categories: Employment, fraud, discovery
J. Skahill allows plaintiff to amend class claims contending defendants fraudulently removed funds from escrow accounts to pay illegal fees. The estate did not disregard the previous scheduling order, and no undue delay occurred in adding a subclass of plaintiffs or amending the complaint. Meanwhile, defendants may challenge the sufficiency of the class representative at a later point in the litigation, and additional discovery would not be unduly burdensome.
Court: USDC New Jersey, Judge: Skahill , Filed On: September 8, 2023, Case #: 1:20cv12130, NOS: Racketeer Influenced and Corrupt Organizations (RICO) - Other Suits, Categories: fraud, discovery, Class Action
J. Cummings grants the plaintiff nutrition supplement company's motion for a partial stay of discovery in its Lanham Act case against a defendant nutrition supplement company, pending the resolution of its motion to dismiss the defendant company's procedural counterclaims. The court grants a stay on numerous interrogatories, the deposition of Jennifer Aniston, the celebrity who serves as the plaintiff company's "chief creative officer," and the deposition of Kurt Seidensticker, the plaintiff company's founder and CEO.
Court: USDC Northern District of Illinois, Judge: Cummings, Filed On: September 1, 2023, Case #: 1:22cv2265, NOS: Other Statutory Actions - Other Suits, Categories: fraud, Trademark, discovery
J. Robinson finds that the district court properly awarded damages representing money a wife had withdrawn from joint accounts to shield her husband from debt recovery efforts. By writing three checks to herself and depositing them into accounts under her control, the wife engaged in fraudulent transfers under Connecticut law by perfecting her husband's transactions in order to put money out of creditors' reach. Meanwhile, default sanctions were properly imposed upon the wife given her repeated failure to comply with discovery orders. Affirmed.
Court: 2nd Circuit, Judge: Robinson, Filed On: August 30, 2023, Case #: 21-202, Categories: Debt Collection, fraud, discovery
J. Gilbert partially grants the City of Chicago's motion for a protective order on discovery in this fraud case against a food delivery service. Chicago claims the delivery service failed to abide by a city ordinance requiring it to disclose its commission charges to local restaurants, then illegally passed the increased fees on to consumers when the city placed a cap on how much commission the service could charge restaurants. Chicago is granted a protective order on discovery related to certain affirmative defenses.
Court: USDC Northern District of Illinois, Judge: Gilbert, Filed On: August 23, 2023, Case #: 1:21cv5162, NOS: Other Fraud - Torts - Personal Property, Categories: fraud, Business Practices, discovery
[Consolidated.] J. Silvain grants, in part, the bankrupt company's motion to compel discovery in a fraudulent inducement case, ruling that inquiries about the purchasing company's financial state at the time it failed to make payments to the bankrupt company, which ultimately led to its dissolution, are integral to the case and must be answered with financial documents or other relevant information.
Court: USDC Southern District of Ohio, Judge: Silvain, Filed On: June 27, 2023, Case #: 3:17cv347, NOS: Securities/Commodities/Exchange - Other Suits, Categories: fraud, Securities, discovery