Federal Rules of Civil Procedure, Motion to Compel, Attorney's Fees

“WHOLLY INADEQUATE”: Another TCPA Defendant Represented by #BigLaw Gets Crushed And When Are Folks Going to Start Listening?

Troutman Amin LLP on 6/17/2025

I have said it before. I will say it again. The biggest mistake you can make for your business is choosing #biglaw to represent you in a TCPA class action. These guys keep getting smoked. Over and over again. Here is the...more

‘Document Dumps’ Can Lead to Court Sanctions. An eDiscovery Partner Can Help Organize Your Data

Array on 6/20/2023

During eDiscovery, parties typically expect to receive productions of documents in the form requested or in the form mandated by the Federal Rules of Civil Procedure. Under Rule 34, the documents must be produced “as they are...more

Magistrate Judge Leonard holds that the FRCP Require Parties to Sign Authorizations

Woods Rogers on 11/30/2020

As if subpoena practice is not expensive and time-consuming already, there are times in which even a subpoena will not suffice to obtain a third-party’s records. Federal statutes may create confidentiality issues, or a state...more

Federal Judge Finds It Is Counsels’ Absence Of Good Faith And Cooperation Causing An Increase In Duration And Expense Of...

Farrell Fritz, P.C. on 7/10/2020

Aldinger v. Alden State Bank is a good reminder of counsel’s obligation to be cooperative in the discovery process. Aldinger, an employment discrimination case pending in the United States District Court for the Western...more

Judge Finds Defense Counsel’s Reliance upon Pre-Amendment Rule 26 in a Motion to Compel the Equivalent of Bad Faith – Resulting in...

Farrell Fritz, P.C. on 3/1/2017

In Fulton v. Livingston Financial LLC, 2016 WL 3976558 (W.D. Wash. July 25, 2016), U.S. District Judge James L. Robart sanctioned a defense lawyer who “inexcusabl[y]” relied on outdated case law and pre-2015 amendments to...more

Be Very Careful If You Are Instructing Your Clients Not To Answer Questions At A Deposition

Brooks Pierce on 8/4/2015

In an (unpublished) Order last week in Griggs v. Bittersweet Farms, LLC, Judge McGuire ruled that Plaintiffs' counsel's instruction to his client not to answer certain deposition questions was improper. He granted a Motion...more