Stories about discovery battles, trends in discovery
By James P. Chou and Kelly D. Schneid | November 27, 2023
This article starts with a discussion on the current CPLR 3212(b)'s legislative history and proceeds to an examination of how courts have attempted to harmonize CPLR 3212(b) with CPLR 3101(d)(1)(i) and other procedural rules intended to ensure timely and orderly process, including Commercial Division Rule 13(c), which governs expert disclosure in the commercial part, and CPLR 3126, which addresses the court's discretion in imposing sanctions for violations of a discovery order.
8 minute read
By Diana C. Manning, Benjamin J. DiLorenzo and Kyle A. Valente | November 22, 2023
This article examines the duty to preserve evidence in the context of impending or ongoing litigation, what constitutes spoliation of evidence, and the potential consequences that flow from failing to implement sufficient safeguards.
6 minute read
By Charles Toutant | November 17, 2023
"I think that judges generally are mindful about the fact that the litigants are paying themselves when they go to a discovery master," said Lisa Crystal, a former Superior Court judge who now is practicing alternate dispute resolution with Brach Eichler.
7 minute read
By Lisa Willis | November 3, 2023
"Not even the Grinch would stab Santa in the back like this." -Etan Mark, Mark, Migdal & Hayden, Miami
5 minute read
By Patricia E. Antezana | October 31, 2023
One mechanism that courts can use to limit discovery is Federal Rule 26(b)(2)(C). Rule 26(b)(2)(C) instructs that a court must limit the frequency or extent of discovery if it determines that: "the discovery sought is unreasonably cumulative or duplicative, or can be obtained from some other source that is more convenient, less burdensome, or less expensive; the party seeking discovery has had ample opportunity to obtain the information by discovery in the action; or the proposed discovery is outside the scope permitted by Rule 26(b)(1)."
7 minute read
By Kelly A. Lavelle | October 26, 2023
As technology continues to advance, legal professionals should embrace TAR as an invaluable tool in the search for efficient, accurate, and cost-effective legal document review.
6 minute read
By Lisa Willis | October 25, 2023
"We know that some people will always defend [Diego] Maradona no matter what, and that is not only fine, but also beside the point of this case," attorney Paula Aguila said.
4 minute read
By Charles Toutant | October 23, 2023
The state is generally immune from suits, and the state's decisions concerning hiring judges are personnel decisions that are protected by the Tort Claims Act, the Attorney General's Office said in a court filing.
5 minute read
By Amanda Bronstad | Ross Todd | Ellen Bardash | October 19, 2023
At a Sept. 6 status hearing, lawyers on both sides of the talcum powder lawsuits against Johnson & Johnson debated the impact of the upcoming amendments to Federal Rule 702 of Evidence.
6 minute read
By Aleeza Furman | October 17, 2023
"You could always take the treating physician to the law firm and then, voila, they're the client," Justice Sallie Mundy said.
3 minute read
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