Judge Xavier Rodriguez on Possession, Custody, or Control from the Meet and Confer Podcast
Key Discovery Points: ESI Protocol Objection Denial Party
Law School Toolbox Podcast Episode 514: Listen and Learn -- Discovery (Civ Pro)
Key Discovery Points: Be a Team Player When It Comes to Production
From OCR to AI The Future of Media and Image Analysis in eDiscovery
All Things Investigation: Due Diligence and Drama: A Deep Dive into Art World with Daniel Weiner
Key Discovery Points: Don’t Get Caught with Your Hand in the Production Cookie Jar
Key Discovery Points: BYOD Case Law Covering Subpoenas and Employee Handbooks
Key Discovery Points: Petty Finger Pointing Over Search Terms Results in Wasted Time
Understanding Discovery in Commercial Litigation
Key Discovery Points: Navigating Clawbacks When In-House Counsel Are Included
Key Discovery Points: Be Willing to Agree and Compromise When It Comes to Hyperlinks
Navigating the Maze: eDiscovery Essentials for Employers — Hiring to Firing Podcast
Key Discovery Points: Don’t Rush in as an AI Fool!
Key Discovery Points: If You Dispose of Relevant Hard Drives You Will Face (Some) Consequences
Key Discovery Point: Collecting Hyperlinked File Versions – Contemporaneous or “As Sent”?
Brooklyn District Attorney Eric Gonzalez – Innovative Approach to Safety
Key Discovery Points: Timing is Mostly Everything in eDiscovery
Bar Exam Toolbox Podcast Episode 305: Spotlight on Civil Procedure (Part 2 – Discovery)
Key Discovery Points: Get Your Copy of the 2025 eDiscovery State of the Industry Report
Georgia Senate Bill 68, signed into law by Governor Brian Kemp on April 21, 2025, introduces significant changes to the state’s civil litigation landscape. Most notable is the implementation of a mandatory 90-day stay of...more
In a significant decision for plaintiffs litigating traumatic brain injury (TBI) claims, the U.S. District Court for the Northern District of Oklahoma has denied a defense motion to exclude expert testimony based on diffusion...more
In today’s digital age, text messages play a significant role in communication. Whether through SMS, WhatsApp, or other messaging platforms, people send millions of messages daily, often discussing everything from social...more
Liability insurers often receive policy limit demands from third-party claimants that allege serious injuries without corroborating medical records or bills. Since the enactment of California Civil Procedure Code section 999...more
Filing a personal injury claim can be challenging, especially in a state full of unusual laws like California. Each year thousands of Californians seek compensation for injuries and accidents. California has specific laws,...more
Brown v. Brooks, 2024 WL 5008506, No. 23-2966 (E.D. Pa. Dec. 6, 2024) - This matter involved a motor vehicle accident between the plaintiff and a laundry truck driver, and it illustrates the danger of errors during discovery....more
In California personal injury cases, many plaintiffs must undergo independent medical examinations (IMEs) to determine the extent of harm done. The results of these evaluations can significantly impact the outcome of their...more
Are personal injury plaintiffs legally required to testify at their trials? Actually, not. Under the right circumstances, deposition testimony can be used in lieu of live trial testimony if the trial court finds that the...more
Over the years, social media has developed and contributed a significant role in both the settlement and trial of personal injury cases. Social Media Posts Can be of Pivotal Importance - Courts across the country have toiled...more
Broadly speaking, most personal injury claims survive the death of the plaintiff. They live on as survivor’s actions or wrongful death claims brought by representatives of the deceased plaintiff’s estate....more
If you have been the victim of another’s negligence, you may be entitled to compensation. It is important to remember, however, that obtaining a settlement or a jury verdict will depend on your ability to prove that the other...more
2023 was a busy year for folks following legal developments related to per- and polyfluoroalkyl substances (PFAS). In December, the U.S. Environmental Protection Agency (EPA) issued its Second Annual Progress Report. Some of...more
Jenkins v. Samuels, No. 3:21-CV-229, 2022 WL 20475979 (S.D. Ohio Nov. 17, 2022) - While the plaintiff claimed that, following his motor vehicle accident with the defendants’ semi-trailer truck, he suffered from “head pain,...more
When mediating personal injury cases, I often notice attorneys falling into the same traps time and again—especially when it comes to how they use medical records to support their cases or develop their defenses. To help you...more
The High Court's decision in Dring v Cape has set out a new balancing test for third party access to documents disclosed during litigation. The new approach should provide some comfort to defendants that are subject to...more
As the volume of electronically stored information, or ESI, subject to discovery has exploded, allegations of spoliation have multiplied. Before the 2015 amendments to the Federal Rules of Civil Procedure, courts relied on...more
In a matter of first impression, the South Carolina Court of Appeals recently put the brakes on a successful trial strategy increasingly employed by the plaintiff’s bar. In the case of Gary Nestler and Julie Nestler v. Joseph...more
In a pair of recent asbestos coverage decisions, a Pennsylvania federal court issued rulings addressing expedited funding orders, number of “occurrences,” and the applicability of aggregate limits under the Fourth Circuit’s...more
Opting for arbitration requires attorneys to balance efficiency and procedural protections. The implications of arbitration are something clients certainly have to carefully consider both when drafting arbitration provisions,...more
In a case with very good facts for the property owner, the Pennsylvania Superior Court affirmed the entry of Summary Judgment against the Plaintiff in a case filed in the Court of Common Pleas of Philadelphia County (Collins...more
The First Case - The plaintiff filed a Complaint asking for an award of $250,000. She alleged she was entitled to this amount as compensation for injuries the defendant’s armored van caused her during a 2013 automobile...more
The plaintiff filed a Complaint in the Fairfax County Circuit Court claiming the defendant injured her in an automobile accident. After deciding not to use the first expert orthopedist she hired for the case, the plaintiff...more
A recent holding of the Court of Special Appeals of Maryland is of significance to companies defending personal injury lawsuits—particularly those where the nature or extent of a plaintiff’s alleged injuries is in dispute. In...more
On March 27, 2015, Jalal Haidar brought suit in federal court, alleging that he had been injured by a dangerous condition in a hotel. According to Haidar, he sat motionless on a hotel toilet for approximately fifteen seconds...more