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No More “Masters”?
Long ago, when my wife, Patricia, and I were looking for a house, we abandoned the term “master bedroom” in favor of “main bedroom.” Bloomberg Law reports that: The American Bar Association is asking the...
Do “Evasive and Incomplete” Discovery Responses Support Draconian FRCP 37(d) Sanctions?
In Ogunsula v. Warrenfeltz, 2024 WL 298984 (D. Md. Jan. 25, 2024), the Court recognized a split of authority and addressed the interplay between Rule 37(a)’s maxim that “evasive and incomplete” discovery responses are deemed a...
Public Comments on Proposed 5th Circuit A.I. Rule
In Attys Split On 5th Circ.’s Proposed AI, Accuracy-Check Rule – Law360 (Jan. 30, 2024), Lauren Berg reported on the current status of a 5th Circuit proposed A.I. rule.1 Ms. Berg’s article stated that reactions “span from one...
Florida’s New Advisory Ethics Opinion on Generative AI Hits the Mark
[Editor’s Note: EDRM is proud to publish the Hon. Ralph Artigliere’s (ret.) advocacy and analysis. The opinions and positions are Judge Artigliere’s (ret.) January 26, 2024 © Ralph Artigliere. As a former Florida trial lawyer...
Defendant Who Participated in Text Message Exchange Was Not Prejudiced by Disclosure on the Eve of Trial
This article analyzes ‘Pointer v. State’ and late evidence disclosure in criminal trials, its impact on defendant’s rights and legal procedures. It also explores Maryland’s rules on civil discovery as opposed to criminal discovery in...
Failure to Object to Untimely Interrogatories Coupled With a Discovery Violation Leads to Reversal
In Discovery Violation Requires New Civil Rights Trial Against Cop (bloomberglaw.com)(Jan. 3, 2024), Mr. Bernie Pazanowski reported on Morgan v. Tincher, No. 21-2060, __ F.4th __ (4th Cir. Jan. 3, 2024). In short, plaintiff filed untimely interrogatories. Defendant responded without objecting...
Michael Berman’s Top Blogs of 2023
Michael Berman published 108 blog articles in 2023, including: How to Read a Load File More on “Modern Attachments,” “Pointers,” or Hyperlinked Documents – Humpty Dumpty and “Usability” Possession, Custody, or Control – Part II...
“ESI Protocol” v. “Discovery Plan”
“ESI Protocols” are discussed in judicial opinions, articles, webinars, and blogs. They are flexible and useful; however, they may not meet all of the requirements of Fed.R.Civ.P. 26(f). After a Rule 26(f) conference, that Rule requires a...
Procedures to Avoid, and Promptly Resolve, Discovery Disputes in the District of Maryland
The US District Court of Maryland has several procedures to expedite discovery disputes.
Proposed A.I. Rule in Eastern District of Michigan
Danielle Ferguson reports in Detroit Federal Courts Propose AI Disclosure Rule – Law360 (Dec. 8, 2023), that: “The Eastern District of Michigan published a proposed rule Friday that would require lawyers to disclose any time they use...
Are We Choking the Golden Goose? The Chilling Effect of Overbroad Rules and Ethics Opinions on the Use of Generative AI
The Fifth Circuit’s proposal to require a certification on the use of AI in its certificate of compliance was noticed in mid-November and is accepting public comment on the proposal through Jan. 4. What has prompted this...
What is Double Spacing?
A federal court had to define double-spacing. It apparently wasn’t happy about it. See Debra C. Weiss, Ruling in double-spacing kerfuffle, federal judge observes lawyers don’t need ‘more words on a page’ (abajournal.com) (Nov. 29, 2023). The dispute reminds me...