Discovery

We’ve than would be predicted by .  We even proposed a rule of federal procedure to govern the conditions under which such testing could

Mandamus appeals are difficult to win.  That’s one reason that we were intrigued to read In re Williams-Sonoma, Inc., ___ F.3d ___, 黑龙江福彩网app官方下载 WL 131360 (9th Cir. Jan. 13, 黑龙江福彩网app官方下载).  The second was the result, which prevented an improper would-be class representative from using discovery as a bootstrap method to his own replacement.  The

Someone asked us the other day whether spoliation sanctions could lie against a non-party for alleged loss/destruction of electronically stored information sought through a third-party subpoena.  On the one hand, assuming there is personal jurisdiction, the substantive discovery rules do not vary between parties and non-litigants subjected to valid subpoenas.  On the other hand,

Recently, Bexis was contacted by a reporter who had read the blog’s post on ghostwriting.  Bexis explained that people at the top of any profession – medical, legal, engineering, whatever – have more reasons opportunities to publish than they could possibly have time to write from scratch on their own.  Judges have law clerks,

We’ve repeatedly advocated that defendants try turn the e-discovery tables on plaintiffs whenever possible – particularly in MDLs where discovery is flagrantly one-sided – by going after plaintiffs’ social media information.  In just about every case involving allegations of personal injuries, social media will have admissions by plaintiffs concerning their conditions and activities that concern

The next line of the song goes . . . But if you try sometimes you might find, You get what you need.  We like the line.  We like the song.  We like The Stones.  Maybe the Federal Rules Advisory Committee was listening to the tune in 2015 when it decided proportionality needed to be

We’re writing a quick-hit post today on a topic that comes up often in medical device litigation, but rarely results in a court order—what happens when the plaintiffs want an “exemplar” medical device?  How do they get one and who pays for it?

We’re not talking here about the medical device that was actually used