April 21, 2005 – Electronic Discovery Law

Ninth Circuit Denies Writ of Mandamus: Privilege Objections Waived by Failure to Provide Privilege Log at Time Discovery Responses Served

Apr 21 2005

Burlington Northern & Santa Fe Railway Co. v. United States District Court for the District of Montana, 2005 WL 730193 (9th Cir. 2005)

Brian and Ryann Kapsner (“the Kapsners”) brought suit against Burlington Northern & Santa Fe Railway Co. (“Burlington”) on July 12, 2002, alleging that Burlington had dumped diesel oil and toxic solvents on their land resulting in contamination. The discovery process was fraught with controversy. The Kapsners filed their first request for production on November 6, 2002. Burlington responded on December 9, 2002, but without a privilege log despite both parties intending and expecting its production. Read More

Advisory Committee Approves Amendments to Federal Rules of Civil Procedure

Apr 21 2005

On April 14-15, 2005, the Civil Rules Advisory Committee met to discuss the fate of proposed amendments to Federal Rules of Civil Procedure relating to e-discovery. Taking into consideration feedback received during the recent public comment period, the Advisory Committee approved amendments to Rules 16, 26, 33, 34, and 45. The Committee also approved, in principle, amendments to Rule 37. Read More

Electronic discovery ‘part of potentially every case in the 21st Century’

Apr 21 2005

This article, from the Chicago Tribune and posted on the discoveryresources.org website, provides further detail on the still evolving Morgan Stanley case. The piece also examines the increasingly visible role of email and electronic documents in litigation.

Archive - April 21, 2005