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Federal Judge Erred In Imposing Dismissal Sanction, 6th Circuit Panel Finds
CINCINNATI - A 2-1 panel of the Sixth Circuit U.S. Court of Appeals on March 26 held that federal judge's ruling awarding summary judgment to an insurance company as a sanction for spoliation of...
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D.C. Circuit: Judge Erred By Not Imposing Spoliation Sanction
WASHINGTON, D.C. - A panel of the District of Columbia Circuit U.S. Court of Appeals on March 29 reversed rulings awarding summary judgment to the U.S. Department of Justice (DOJ) on claims under the...
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6th Circuit Affirms Tax Court's Decision To Not Impose Spoliation Sanctions
CINCINNATI - A Sixth Circuit U.S. Court of Appeals panel on April 11 found that a U.S. Tax Court judge did not err in refusing to impose spoliation sanctions against the Internal Revenue Service for...
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Deletion Of Facebook Account Warrants Adverse Inference, Magistrate Judge Rules
NEWARK, N.J. - A federal magistrate judge in New Jersey on March 25 ruled that an adverse inference jury instruction was a sufficient sanction against a personal injury plaintiff for the deletion of...
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Magistrate Judge Calls For Hearing On Attorney's Destruction Of Computers
NEW YORK - A federal magistrate judge in New York on March 26 ordered an attorney accused of negligence and legal malpractice to appear for a hearing to determine her culpability when destroying...
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Minn. Federal Judge Issues Sanctions For Defendants' Violations In Medicare Case
ST. PAUL, Minn. - A federal Minnesota judge on March 20 granted in part a motion for violation of a protective order brought by plaintiffs in a Medicare and Medicaid false claims suit (United States of...
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Colorado High Court Orders Lower Court To Address Privacy In Discovery Ruling
DENVER - The Colorado Supreme Court on April 15 vacated a ruling requiring a defendant in a misappropriation of trade secrets case to turn over his personal computers, smart phones and three years'...
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Defense Search Method Misses 80 Percent Of Documents, Biomet Hip Plaintiffs Say
SOUTH BEND, Ind. - Claiming that defendant Biomet Inc. used a search method that deprives them of as much as 80 percent of relevant documents, plaintiffs in the Biomet M2A Magnum hip multidistrict...
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Magistrate Judge Says Accounting Firm's Report Not Protected Work Product
NEW ORLEANS - A federal magistrate judge in Louisiana overseeing discovery in a suit brought under the Racketeer Influenced and Corrupt Organizations Act on April 3 held that the plaintiff company must...
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Magistrate Judge Orders Microsoft To Produce Facts Surrounding Investigation
SAN FRANCISCO - A federal magistrate judge in California on April 5 ordered Microsoft Corp. to produce the facts surrounding an investigation into a former employee but not privileged communications...
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Magistrate Judge Finds No Privilege For Contents Of Claim File
KANSAS CITY, Kan. - A federal magistrate judge in Kansas overseeing a garnishment case on April 3 ordered Geico Indemnity Insurance Co. to turn over the remaining contents of a claim file it has...
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2 Groups Sue EPA, Seek Instant Messages About War On Coal
WASHINGTON, D.C. - The Competitive Enterprise Institute (CEI) and American Trade Institute (ATI) on March 28 filed a lawsuit against the U.S. Environmental Protection Agency in the U.S. District Court...
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Judge Denies Transocean's Motion To Dismiss Suit Seeking Subpoena Enforcement
HOUSTON - A federal judge in Texas on March 30 denied Transocean Deepwater Drilling Inc.'s motion to dismiss a petition filed by the federal government for the enforcement of subpoenas served on the...
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Insurer Ordered To Produce Documents In Environmental Contamination Coverage...
NEW YORK - A New York justice on April 15 granted an insured's motion that its insurer produce documents related to post-suit conduct in an environmental contamination coverage dispute after...
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Judge Grants Reinsurer's Motion To Compel Discovery Against Reinsured
NEW HAVEN, Conn. - A federal judge in Connecticut on April 8 granted a reinsurer's motion to compel discovery of certain materials, holding that the reinsurer's contentions are in accord with...
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Judge Upholds Decision Confirming Reinsurance Arbitration Award
NEW HAVEN, Conn. - A federal judge in Connecticut on March 29 declined to follow a magistrate judge's recommendation that a reinsurance dispute be remanded to an arbitration panel, and the judge upheld...
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Judge Orders Insurer And Reinsurer To Arbitrate $2.1 Million Dispute
TRENTON, N.J. - A New Jersey federal judge granted a motion to dismiss a breach of contract suit and ordered the parties to arbitrate their dispute, saying in an unpublished opinion issued April 11...
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Reinsurer Says Court Should Dismiss Claim To Compel Arbitration
CHICAGO - A reinsurer told an Illinois federal court on April 11 that the assignee of certain rights under a number of reinsurance agreements has not sufficiently pleaded its claims regarding its...
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Defendant Says Reinsurance Arbitration Award Is Not Final
NEW YORK - A party to a reinsurance arbitration told a New York federal court on April 2 that an arbitration panel's award is not final and, therefore, the court does not hold jurisdiction to confirm...
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Plaintiff: Reinsurer's Response To 1 Motion Is Sur-Rebuttal To Another Motion
NEW HAVEN, Conn. - An insurer told a Connecticut federal court on April 3 that its reinsurer has improperly used its response to a motion to strike as an unauthorized sur-rebuttal regarding a separate...
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