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When Does a Final Judgment Constitute Denial of a Motion That Was Not Expressly Denied?
The Fourth Circuit ruled that final judgment implicitly denies outstanding motions like Rule 56(d) discovery requests, clarifying standards while remanding an excessive force claim.
Half-Baked Motion to Compel Was Not Prompt, Not Ripe, Not Complete, and Not Likely to Succeed
In Golat v. Wisconsin State Court System, the court rejected a motion to compel as untimely, incomplete, and lacking good faith, highlighting the importance of candor and proper timing in discovery disputes.
Three Depositions Reopened to Address After-Produced Documents – Fed.R.Civ.P. 30(d)(1)
A recent decision in In re Sandisk SSDs Litigation highlights how delayed document production, especially tied to withdrawn privilege assertions, can justify reopening depositions under Fed.R.Civ.P. 30(d)(1).
The Best Defense Was Not a Weak Offense
In back-to-back July 2025 rulings, the S.D.N.Y. sanctioned Charles Oakley for failing to preserve thousands of text messages after his 2017 MSG ejection, crediting MSG’s expert over Oakley’s and granting an adverse inference. Oakley’s counter-motion...
No Affidavit – No Joint Representation/Common Interest Privilege
In Fond Du Lac Band v. Cummins, the court ruled that a vague attorney affidavit failed to establish joint representation, dooming a privilege claim under the joint representation and common interest doctrines.
Will Courts “Search, Forward” with eDiscovery Case Law on AI?
Phil Favro compares early TAR adoption to today’s AI developments in eDiscovery, noting that while case law is scarce, existing precedent offers guidance on defensibility, cooperation, and transparency. He urges practitioners to focus on sound...
Criminal Conviction Reversed After State Failed to Timely & Fully Disclose its Use of a Type of Artificial Intelligence
A Maryland appellate court reversed a robbery conviction after prosecutors failed to timely disclose their use of facial recognition technology, an AI tool central to the investigation. The court found the late and incomplete disclosure...
Order for Phased Discovery
Phased discovery, though underused, can be a powerful tool for achieving proportionality in litigation. Recent cases show how courts structure phased approaches to limit costs, avoid unnecessary disputes, and focus on threshold issues before broader...
Sanctions for Loss of ESI Imposed Under Court’s Inherent Power After Privilege Log is Used to Determine the Date that the Duty to Preserve Was Triggered
In Jimenez v. Hyatt Corp., the court imposed sanctions based on its inherent power after a privilege log revealed that the Plaintiff anticipated litigation earlier than claimed, triggering a duty to preserve ESI.
Court Finds Subject Matter Waiver in Expert Communications Under Fed.R.Evid. 502(a)
A federal court applied subject matter waiver to expert communications in Fresh Air for the Eastside v. Waste Mgmt., requiring disclosure of documents under Fed.R.Evid. 502(a).
When Can Opposing Counsel be Deposed?
When can opposing counsel be deposed? A new decision in Safo v. Singh lays out a four-part test and affirms the flexible, fact-intensive standard set by the Second Circuit.
Court’s Use of a Special Master to Assist EEOC in Obtaining Discovery from Defendant
A Kansas court appointed a Special Master in EEOC v. Genesh, Inc. to resolve electronic discovery disputes, signaling a firm stance on procedural fairness.