News & Analysis as of

Appellate Courts Discovery

EDRM - Electronic Discovery Reference Model

7th Circuit Affirms Dismissal and Monetary Sanctions Against Both Attorney and Client

In this alleged wrongful termination and retaliation case, a “whistleblower” complaint was dismissed and monetary sanctions were also imposed. Pable v. Chicago Transit Authority, __ F. 4th __, 2025 WL 2102202 (7th Cir. Jul....more

Akin Gump Strauss Hauer & Feld LLP

Judicial Committee of the Privy Council Declares the End of the ‘Shareholder Rule’ Regarding Privilege

In a landmark ruling handed down on 24 July 2025 (Jardine Strategic Limited (Appellant) v Oasis Investments II Master Fund Ltd and 80 others (Respondents) No 2 (Bermuda) [2025] UKPC 34), the Judicial Committee of the Privy...more

Marshall Dennehey

Appeals Court Reverses Punitive Damages Award, Finds Late Trial Amendment to Add Recklessness Prejudiced Defense

Marshall Dennehey on

Bernavage by and through Vanston v. Green Ridge Healthcare Group, LLC, WL 14279152025, (Pa. Super. May 19, 2025) - This case concerned an elderly woman’s slip and fall on a shower floor while being assisted by staff in an...more

McGuireWoods LLP

Missouri Supreme Court Railroad Case’s Upjohn Analysis Goes Off the Tracks: Part II

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Last week’s Privilege Point described the Missouri Supreme Court’s understandable conclusion that a railroad employee did not have a personal attorney-client relationship with railroad lawyers who interviewed her about an...more

McGinnis Lochridge

When $180 Million Rides on an Expert's Supplementation Decision

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$180M oil case lost when Apollo refused to fix expert's flawed damages model. Without expert testimony meant no damages recovery in technical fields. In Apollo Exploration, LLC v. Apache Corporation, No. 11-19-00183-CV, 2025...more

BCLP

Legal Privilege - the King has been advised - the Shareholder Rule no longer applies under English Law

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Yesterday in a landmark decision, Jardine Strategic Limited v Oasis Investments II Master Fund Ltd and others, the Privy Council, on appeal from Bermuda’s Court of Appeal, has changed the law....more

Proskauer - California Employment Law

Decertification Of Class Action Upheld

Allison v. Dignity Health, 112 Cal. App. 5th 192 (2025) - Two former registered nurses filed a putative class action against their former employer, alleging various wage and hour claims...more

Cozen O'Connor

Texas Supreme Court Reaffirms Procedure for Litigating Bad Faith Claims in UM/UIM Cases

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In In Re State Farm Automobile Insurance Co. and Lindsey Nicole Dessart, 712 S.W.3d 53 (Tex. 2025), the Texas Supreme Court clarified the proper procedure for litigating bad faith claims related to uninsured/underinsured...more

Felicello Law PC

Not Every Appeal Goes to the Top: Understanding the Pathways in State and Federal Court

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Sometimes a judge or jury finds against you, and you must decide whether and how to appeal. But not every court ruling can be appealed. And not every appeal can make it all the way to a state’s highest court or to the U.S....more

Allen Matkins

Is There A Contemporaneous Membership Requirement For LLC Inspections?

Allen Matkins on

The Nevada Limited Liability Company Act provides “a manager” of a limited liability company “shall promptly deliver . . . a copy of the information required to be maintained by paragraphs (1), (2), and (4) of subdivision (d)...more

Bennett Jones LLP

Raising the “Low Bar”: Plaintiffs Seek New Strategies to Prove Common Issues for Certification

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A plaintiff’s obligation to establish “some basis in fact” for a common issue is acknowledged as a low bar. Several Canadian appellate courts have, however, confirmed a “two-step test” as the standard analytical framework....more

Womble Bond Dickinson

Seeing Should Not Be Believing

Womble Bond Dickinson on

The Supreme Court of Louisiana this week recognized the dangers of AI manipulated video and ruled that defendants have the right to assess purported videos and photographs to assess authenticity and test for manipulation. ...more

EDRM - Electronic Discovery Reference Model

En Banc Fourth Circuit Geofence Decision is Splintered

In U.S. v. Chatrie, __ F. 4th __, 2025 WL 1242063 (4th Cir. Apr. 30, 2025)(en banc), the Court issued a per curiam affirmance of the District Court’s geofence decision. Fourteen judges joined in that decision. There were...more

Baker Botts L.L.P.

Diligence Over Delay: Texas Supreme Court’s Recent Decision Highlights the Risks of Discovery Deferral

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Raoger Corp. v. Myers, No. 23-0662 (Tex. Apr. 11, 2025) – one of the Texas Supreme Court’s most recent opinions on the summary judgment standard – highlights the importance of diligent discovery practices and the potentially...more

Kilpatrick

Georgia appellate court affirms class certification in vehicle booting case

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A Georgia appellate court recently affirmed the grant of class certification in favor of a class of Georgia individuals whose vehicles were booted in locations where no ordinance had been enacted authorizing the booting of...more

Tyson & Mendes LLP

Civil Procedure Updates to Know in New York for 2025

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In 2025, get ready for a whirlwind of updates across the state. From personal jurisdiction to discovery and beyond, some recent cases are shifting the landscape in New York. Read below to find out what happened and learn the...more

Goldberg Segalla

Plaintiffs’ Appeal of Trial Court’s Order Granting Defendant’s Motion to Quash Service of Summons Successful in California

Goldberg Segalla on

Court of Appeal of California, First Appellate District, Division Four - Blanca Hernandez, et al., v. Volkswagen Aktiengesellschaft, et al. This litigation arises from claims of asbestos exposure. The plaintiffs allege the...more

Zelle  LLP

When a Plaintiff’s Counsel Thinks His Client is Dead and then Alive Again – Believe Him but Seek Sanctions

Zelle LLP on

In Michael Mitchell v. USAA General Indemnity Company, No. 09-23-00042-CV, 2025 WL 635235 (Tex. App.—Beaumont Feb. 27, 2025, no pet.), the appellate court affirmed dismissal of all Plaintiff’s claims with prejudice, finding...more

Zuckerman Spaeder LLP

A Circuit Split Deepens on Burden to Establish Foreign Privilege to Defeat Section 1782 Discovery

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For litigants in foreign courts, 28 U.S.C. § 1782 has long been a promising, if finicky, tool to access discoverable materials by filing an ex parte application in U.S. federal district court. The statute provides certain...more

Fox Rothschild LLP

Alimony Terminated for Cohabitation Without a Hearing Because Recipient Refused to Cooperate with Discovery About Her Finances

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We have written a lot about termination of alimony based upon cohabitation, both before the 2014 Amendment to the alimony statute making it easier, and after the Supreme Court’s decision in the Cardali case. Typically,...more

Chartwell Law

Understanding the Impact of Supreme Court Appointments on Appellate Law

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This may be a bit of a “law geek” admission, but whenever I know I’ll be driving alone for at least thirty minutes, I make a habit of listening to Supreme Court arguments. Now that the Court posts them online in near...more

Snell & Wilmer

Arizona Court of Appeals Clarifies Proper Scope of Deposition Questioning and Gives Litigants Early Look at New Special Action...

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The Arizona Court of Appeals recently held that in a deposition, a party must answer any relevant, non-harassing question, unless the answer is privileged. Attorneys are on notice that sanctions are fair game if they instruct...more

Fox Rothschild LLP

Order Invalidating Settlement Agreement Because Parties Didn’t Formally Answer Discovery is Overturned by the Appellate Division

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Wise or not, parties have a right to waive discovery from the other party and settle their matter. Sometimes, both parties have access to and/or knowledge of all of the finances. Sometimes, the rely on the parties sworn Case...more

Strafford

[Webinar] FLSA Collective Action: Erosion of Lusardi Two-Step Certification, Appellate Courts’ New Standards, Circuit Split -...

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This CLE webinar will examine the status of FLSA collective action certification following the recent Swales and Clark appellate decisions, including a close look at the new standards established under each. The panel will...more

McGlinchey Stafford

Ohio Appeals Court Finds Error in Not Staying Discovery Pending Motion to Compel Arbitration

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In Biotricity, Inc. v. DeJohn, 8th Dist. Cuyahoga No. 113216, 2024-Ohio-1593, the Ohio Eighth Appellate District found that the trial court erred by refusing to stay discovery pending a ruling on a motion to compel...more

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