Cases: Discovery

Discovery/Referee Costs: Attorney Cannot Be Ordered To Pay Discovery Referee Costs Unless Discovery Abuse Procedures Followed

Cases: Costs, Cases: Discovery

  Referee Cost Shifting Provisions Does Not Mention Counsel Involvement.      Lupien v. Vons Market, Case No. B228896 (2d Dist., Div. 5 Dec. 6, 2011) (unpublished) involved a situation where plaintiff’s counsel was held jointly and severally liable along with their client for one half of a discovery referee’s costs totaling $7,800. Plaintiff appealed, arguing […]

Discovery Sanctions: Blocking Deposition Questions On Prior Stress Events Justified Discovery Sanctions Against Plaintiff And His Attorney

Cases: Discovery, Cases: Sanctions

  Vinson Allows Such Inquiries During Discovery.      Where a plaintiff in a wrongful termination suit puts his/her medical condition into controversy, Vinson v. Superior Court, 43 Cal.3d 833 (1987) held that an IME/psychological exam was fair game because this condition was at issue in the suit.      In like vein, Acting Justice Rylaarsdam on

E-Discovery: U.S. Magistrate Andrew J. Peck And Attorney David J. Lender Write “E-Discovery” Article Worth Reading

Cases: Discovery

They List Their 10 Key E-Discovery Issues for 2011.      Available for reading in the Metropolitan Corporate Counsel (April 3, 2011 release) is an article “10 Key E-Discovery Issues in 2011: Expert Insight to Manage Successfully” written by U.S. Magistrate Judge Andrew J. Peck (S.D.N.Y.) and attorney David J. Lender (a partner at Weil, Gotshal

E-Discovery Sanctions: State Appellate Court Affirms $13,500 Sanction Against Plaintiff And Her Attorney For Being Evasive In E-Discovery Cell Phone Dispute

Cases: Discovery, Cases: Sanctions

  First District, Division 4 Finds Sanctions Proper Under CCP § 2023.030(a).      We do not see that many e-discovery sanction cases at the state level, with most of the law being decided by federal courts–notwithstanding that the Evidence Code definition of “writing” does include electronic information. Here is one where a $13,500 discovery sanction

E-Discovery: District Judge Sheindlin Issues New Opinion About Metadata Fields

Cases: Discovery

Opinion Arose From FOIA Productions by Federal Government; Cost Shifting Is Indicated As the Usual Rule in Production “Do-Overs.”      U.S. District Judge Shira A. Scheindlin, on February 7, 2011, issued yet another important opinion in the e-discovery area. (She is truly a pioneering jurist in this regard, authoring several of the groundbreaking electronic discovery

Discovery/Sanctions: $1,750 Sanction Against Losing Party Seeking Protective Order Sustained

Cases: Discovery, Cases: Sanctions

  Losing Party Unsuccessfully Sought to Regulate Deposition Conduct of Opposing Counsel.      Civil litigators have seen it often–an opposing attorney who overuses privilege objections, instructs deponents not to answer based on nonprivileged grounds, coaches the witness through speaking objections or interruptive conferences outside of the deposition, or insults counsel taking the depositions. Apparently, plaintiff

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