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Stop Giving Away the Store: “Reasonably Calculated” does not define the scope of discovery. (And it never has!)

For over a hundred years Americans have enjoyed Josh Billing’s chestnut, “I’d rather not know so much, than to know so much that ain’t so.” For nearly seventy years, American lawyers have known one big thing that ain’t so:...more

1/23/2015  /  Discovery , Evidence , FRCP 26 , Young Lawyers

Allegation That Court Itself Was Victim Of Fraud Causes Federal Judge To Recuse Himself, All Other Judges In The District

The biggest litigation you’ve probably never heard, the Moonlight Fire litigation, just took another twist. Following a huge Northern California wildfire, the State and the Feds sought tens of millions in damages from...more

11/17/2014  /  Bad Faith , Fire Damage , Fraud , Judges , Wildfires

E-discovery: May federal courts insist that litigants “Do as I say, not as I do”?

General Counsel of Acme Widget Corp. has had a trying morning. On her desk is a motion filed against Acme last night, demanding that a federal judge sanction Acme for failing to preserve what (to her at any rate) sounds...more

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