Author: David Netzer
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Dilatory Objections to Corporate Designee Topics Were Too Late; “Blanket” De-Designation Request Was Denied
The court in U.S. v. Novo Nordisk rejected Washington’s untimely objections to Rule 30(b)(6) deposition topics and denied a blanket request to de-designate confidential documents. The ruling led to Washington’s failure to specify overbroad topics...
Court-Ordered Production of a “Destruction/Unavailable” Log
In Leprino Foods Co. v. Avani Outpatient Surgical Center, the court compelled the production of a “destruction/unavailable” log. This decision raises questions about the necessity and practicality of such logs in discovery and the need...
Discovery From Former Attorney About Disputed Quid Pro Quo Offer to Opponent
In GLD3, LLC v. Albra, plaintiffs sought discovery from a former town attorney about an alleged quid pro quo offer regarding property development. The court denied the deposition but allowed a limited interrogatory, balancing privilege...
Discovery Dispute: “Both cannot be true.”
In the discovery dispute between Kranz & Associates and Lain, the court focused on Tekvantage’s inconsistent claims about the existence and production of documents, raising concerns about transparency in a trade secrets case.
What Objections May Be Raised to a Subpoena by a Non-Party?
In Trusted Sci. & Tech., Inc. v. Evancich, the Maryland Appellate Court clarified that non-parties can object to subpoenas on relevance, overbreadth, and undue burden. The decision underscores the importance of protecting non-party interests in...
Discovery Denied Because “the Book is Not Worth the Candle” – 50 Custodians is Enough
In Dale v. Deutsche Telekom AG, the court ruled that adding three additional in-house counsel to a list of 50 custodians for discovery would be disproportionate to the needs of the case. The court emphasized...
A Stipulation is a Binding Contract
The Waterworks Restoration Baltimore, LLC v. Shine Home Improvements, Inc. case highlights how stipulations between parties have the binding power of a contract. This article explores how the court enforced a stipulation for portico work,...
“Boilerplate” Objections Are Generally Condemned; Except When They’re Not
Based on the facts presented, boilerplate objections, often condemned in legal proceedings for lack of specificity, were sustained in Jacobs v. The Journal Publishing Co. This highlights the nuanced application of discovery rules and the...
Scheduling Orders Are Mandatory; Vital to Caseload Management; and, Enforced Even Where Parties Got Themselves Into a “Pickle” by Dilatory Efforts to Cooperate
The EEOC v. Hooters decision stresses the importance of scheduling orders in civil litigation, citing that delays caused by lack of diligence can disrupt court dockets and other cases. The court denied an extension of...
Application of Phil Favro & Judge Peck’s Lessons on Search Design
The case of Rayome v. ABT Electronics applies principles related to search design and keyword query disputes in ESI discovery, drawing on the expertise of Special Master Philip Favro and referring to practices outlined by...
“FTC’s AI Crackdown” on Allegedly “Overhyped” Claims About AI
The FTC’s “Operation AI Comply” targets five companies accused of misleading consumers about the value of their AI tools. The crackdown highlights the agency’s effort to regulate overhyped AI claims, prompting questions about the scope...
Self-Collection, Discovery About Discovery, and Curative Sanctions
EEOC v. Formel D USA, Inc. delves into key e-discovery issues such as self-collection, the role of counsel, and the implementation of litigation holds. The court’s findings emphasize the importance of active legal supervision in...