Key Insight: Lack of communication regarding extending discovery timeline doesn’t entitle a party to additional time
Nature of Case: workplace discrimination
Electronic Data Involved: Documents
Keywords: discovery timeline, reopening discovery, lack of communication, radio silence
Key Insight: Foreign Government statements should be weighed by 5 factors. Courts should afford consideration, but are not bound to conclusively accept the statements of foreign governments.
Nature of Case: Price Fixing
Electronic Data Involved: Foreign Government Statement
Keywords: Foreign Law
Key Insight: discoverability of Facebook messages
Nature of Case: Breach of fiduciary duty, ERISA
Electronic Data Involved: Facebook private messages, Facebook post
Keywords: 37(a), Facebook, private messaging, relevance, work product doctrine, common interest privilege
Key Insight: whether a FRCP 56(d) motion will be granted when the moving party, in bad faith, fails to conduct discovery diligently
Nature of Case: breach of contract
Electronic Data Involved: billing records
Keywords: summary judgment; additional discovery
Key Insight: Failure to disclose ID Card and expert report on testing precluded use of them
Nature of Case: Wrongful Death
Electronic Data Involved: Identification Card
Keywords: Expert Reports; Failure to Disclose
Key Insight: Do not challenge authenticity of a document when an identical copy is in possession
Nature of Case: Loan contract
Electronic Data Involved: Electronic copy of contract
Keywords: Sanctions, mislead, abuse of discretion, bad faith, authenticity, perjury
Key Insight: third-party, relevancy, “objections lack support and do not adequately provide a basis for the Court to grant them”
Nature of Case: Antitrust, consumer protection, racketeering
Keywords: overbroad, unduly burdensome, boilerplate, quash
Key Insight: Retention policy; Summary Judgment; Adverse inference; Spoliation
Nature of Case: Slip and Fall
Electronic Data Involved: ESI; Security video; Correspondence
Keywords: Retention policy; Summary Judgment; Adverse inference; Spoliation; Bad Faith
Key Insight: A party’s late disclosure of evidence (while using it as the basis of their own expert opinion) justifies exclusion of that evidence
Nature of Case: Certified class action
Electronic Data Involved: audiovisual recordings, data logs
Keywords: late disclosure, exclusion sanctions, expert discovery cutoff, fact discovery, untimeliness
Key Insight: Plaintiffs were trying to provide invoices that should have been part of their initial disclosures months after the deadline with no proof of good reasoning for it being late.
Nature of Case: unpaid attorneys fees, breach of contract
Electronic Data Involved: Untimely produced evidence
Keywords: untimely, disclosures, late discovery
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