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Disturbo se if I Don’t Produce Discovery?
In Gotlin v. Lederman, 2009 U.S. Dist. LEXIS 78818 (E.D.N.Y. Sept. 1, 2009), the Plaintiff was precluded from using Italian medical records because of a failure to include the records in their initial...
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The Titan Killer: Mandatory Exclusion under Federal Rule of Civil Procedure...
Oracle and SAP are at war. They have exchanged bayonet charges in discovery for two years in a case where Oracle has accused SAP (TomorrowNow) of “systematic and pervasive illegal downloading of...
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If It is Lost, It’s Not in Your Possession, Custody or Control under Rule 26(a)
In a prison medical treatment case, the Plaintiff brought a motion to exclude medical records pursuant to Federal Rule of Civil Procedure Rule 37(c) after the files were not identified in the...
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Striking Undisclosed Audio Recordings
In a summary judgment battle, the Plaintiff referenced audio recordings in opposition to the Defendants’ summary judgment motion. The Defendant brought a motion to strike the audio recordings, because...
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Hard to Decide Discovery Disputes on Proportionality if No One Knows the...
Magistrate Judge Paul Grewal ordered the supplemental production of damages information in a patent case based on proportionality and supplemental disclosures. Corning Optical Communs. Wireless v....
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