Qualcomm Lawyers Late to Search Laptop Oct 10, 2007
"I suspect Broadcom was focused on other things," he said, adding that his client, Patch, was not involved in pretrial discovery issues. Day Casebeer associate Kevin Leung asserted in his declaration that earlier searches of related documents -- as well as an earlier Raveendran deposition -- gave him no reason to believe searches of her e-mail archives were warranted. (Law.com)
Ed Jew's Lawyer Wants Out Oct 4, 2007
Fazio said the case involves over 9,000 pages of pretrial discovery information and called it "a tremendous amount of work.". "I don't think I've ever had a case in 30 years of practice that has involved 9,000 pages of discovery," Fazio said. (San Francisco Chronicle -- Crime)
Self-Deposition Bid Rejected Despite Alleged Russian Peril Oct 3, 2007
But Magistrate Judge Michael H. Dolinger, who is presiding over the pretrial discovery in In re Omnicom Group Secs. Litig. (Law.com)
Duke Lacrosse Prosecutor Pleads Innocent Aug 31, 2007
Nifong turned over all the information during the pretrial discovery phase in his case against three Duke lacrosse players, said his attorney, Jim Glover ... Mike Nifong turned over all the information during the pretrial discovery phase in his case against three Duke lacrosse players. (CBS2Chicago.com, IL)
DA in discredited Duke rape case pleads not guilty Aug 31, 2007
Nifong turned over all the information during the pretrial discovery phase in his case against three Duke lacrosse players, said his attorney, Jim Glover. And when he told a judge the defense had all the DNA test results, it was a mistake -- but little more than an oversight. (ESPN -- College Sports)
Gardner's fall from grace at Peregrine Aug 27, 2007
It also was clear that federal investigators scrutinized Moores' role at Peregrine, defense lawyers said, because the government provided reams of Moores-related documents during the pretrial discovery phase of the case. Gardner never backed away from the ambitious goals that he set for Peregrine's financial performance, even though his demands to increase software sales every quarter only compounded his pressures. (San Diego Union-Tribune)
Federal appeals court refuses to dismiss unions' lawsuit against Rowland, his former budget director Jul 12, 2007
He added that that further pretrial discovery proceedings were required to determine whether "legislative immunity," which protects officials from liability to anyone injured by actions taken during the exercise of official duties, would bar claims for injunctive relief. The judge, however, also said "sovereign immunity" didn't prohibit the unions' claims for injunctive relief. (Journal Inquirer, CT)
A lawsuit without merit Jun 27, 2007
And pretrial discovery -- the evidence being gathered through subpoenas and depositions -- was proving it. For example, the Islamic Society claimed that publicity about its leaders' ties to Islamist extremism had "been devastating" to the organization's fund-raising. (Boston Globe)
Qualcomm trial errors pointed out Jun 26, 2007
He explained how the San Diego company had failed to turn over 46,610 documents, totaling 332,101 pages, to Broadcom in the pretrial discovery phase and how Qualcomm had introduced misstatements of fact into the trial. It's not intentional, he said. (San Diego Union-Tribune -- Business)
Supreme Court Makes It Harder for Private Plaintiffs to Sue Companies for Antitrust Violations May 22, 2007
"The transparent policy concern that drives the decision," wrote Stevens, "is the interest in protecting antitrust defendants -- who in this case are some of the wealthiest corporations in our economy -- from the burdens of pretrial discovery.". . (Law.com)
E-mails cited in insurance lawsuit Apr 12, 2007
Zach Scruggs, who is part of a legal team that sued State Farm on behalf of hundreds of homeowners, said Forensic turned over the e-mails as part of the pretrial discovery process for one of the lawsuits. The e-mails "confirm everything that we have always suspected," Mr. Scruggs said. (Washington Times, DC)
RONALD D. JACOBSMA: The full story on river restoration Apr 4, 2007
The Friant Water Users Authority, representing San Joaquin Valley farmers, commissioned two economic studies as part of pretrial discovery on the San Joaquin River litigation. The initial report provided anticipated economic impacts of an adverse court ruling for fish flows. (Fresno Bee -- Opinion)
Imams narrow target of 'Does' Mar 31, 2007
"There is no way Mr. Mohammedi can possibly determine whether the John Does 'knowingly made false reports' against his clients 'with the intent to discriminate against them' without taking their testimony under oath, at least during pretrial discovery," Mr. Hasson said. "That prospect alone, of being dragged into court proceedings, will certainly provide a great disincentive for other citizens to come forward with their own suspicions," he said. (Washington Times)
Accounting for Crime Mar 11, 2007
In lawsuits, pretrial discovery eases the job of determining what went wrong, who bears responsibility--and how to prevent future misconduct. Besides, the government can file relatively few cases, while private shareholders can sue a swindler whenever they feel wronged. (Time.com)
New research finds some brain functions actually improve with age Feb 18, 2007
In complex business litigation, he says, where pretrial discovery can yield enough documents to fill a warehouse, "a lawyer must be able to sort the wheat from the chaff, to take all these facts and extract only those that support winning themes. A senior lawyer is in the best position to do that, and to have the courage to discard facts, even those on your side, that will only distract the court or the jury.". "Some things you just need to grind into your system for many years until they become... (The Standard-Times, MA)
Hatfill's lawyer: Times editor warned columnist on anthrax piece Jan 7, 2007
The editor's warning to Kristof was voiced in an e-mail that was uncovered during the extensive pretrial discovery process, said Mark Grannis, one of Hatfill's lawyers. The accusation came as a federal judge again heard arguments on whether to dismiss the lawsuit. (Newsday -- Long Island)
Lilly's top moneymaker has also been a big headache Jan 5, 2007
"Hilgers added that cases in which drug companies are accused of failing to disclose side effects or risks of treatments can be difficult to defend in front of a jury, particularly if the accusations involve injury or death.In recent weeks, The New York Times has published several stories, based on internal Lilly documents turned over to plaintiffs' lawyers in pretrial discovery, that it said showed Lilly provided information to doctors about the blood-sugar risks of Zyprexa that contradicted... (Indianapolis Star)
Exposing the 'Phantom Epidemic' in Silica Litigation Dec 29, 2006
On that day, U.S. District Judge Janis Graham Jack, the judge overseeing pretrial discovery in the silica product liability litigation, recommended that nearly 10,000 diagnoses of silicosis be thrown out as scientifically unreliable and legally suspect. In re Silica Products Liab. (Law.com)
Skilling reports to prison Dec 22, 2006
-- The jury should not have been instructed that Skilling could be found guilty if he was ''deliberately indifferent" to wrongdoing. -- Jurors in the trial were biased because of unfair media coverage in Houston and the widespread impact of Enron's bankruptcy on the community. -- Prosecutors denied the defense access to witnesses and made pretrial discovery difficult. The misuse of the "honest services" argument was supported by the 5th Circuit's decision earlier this year to throw out charges... (Yahoo News -- Enron)
Who Killed the Mass Torts Bonanza? Dec 12, 2006
A panel of six federal judges, who are selected by the chief justice of the U.S. Supreme Court, decides whether cases involving similar claims but filed in multiple federal courts should be transferred to a single federal judge for consolidated pretrial discovery and motions practice. At first, according to a report prepared by the MDL panel's statistical analyst at the request of The American Lawyer, the MDL judges appeared skeptical about using the vehicle to manage product liability mass... (Law.com)
Massey denies withholding Hamm statement Nov 28, 2006
Skelton noted in his questions to Massey that LaGrones attorneys received the document during the pretrial discovery process when potential evidence is shared with opposing counsel. Were you trying to hide it from me. (The Pantagraph newspaper)
Could you be innocent and still go to jail? Nov 28, 2006
That s why as a check on prosecutors, many states allow the defense to independently look at the prosecution s case file through a process called pretrial discovery. But in Texas, 11 News has found that that discovery can be severely limited and even nonexistent in some counties because of the way DAs interpret a state law. (KHOU.com, TX)
Wall Street Worries Nov 10, 2006
By doing that, he argues, plaintiffs avoid roadblocks that Congress enacted under an act designed to limit securities suits, such as limiting pretrial discovery searches. Plaintiff attorney Christopher Lovell isn't buying it. (Forbes)
Waremburg trial scheduled Nov. 6 Nov 1, 2006
Ault also ruled that the prosecution may introduce into the trial any documents, physical evidence and expert witnesses, named in the pretrial discovery. Waremburg, 32, of 221 Cooper St., Pekin, is charged with attempted first degree murder and aggravated battery of a child, both Class X felonies. (Pekin Times, IL)
Web access for blind disputed Oct 25, 2006
The case, which is entering the pretrial discovery phase in U.S. District Court for the Northern District of California, could set an important precedent for applying federal accessibility law to the Internet. Target said in a statement that its Web site is "committed to providing an online experience that is accessible to all of our guests. Despite the lawsuit brought forward by the National Federation of the Blind, we have always and will continue to implement new technologies to our Web... (Sunspot.net -- Business)
Blimpies Corporate Owner Must Testify in Landlord Dispute Despite Anxiety Sep 29, 2006
During pretrial discovery, Lagano, who is not personally among the co-defendants, was deposed as a fact witness. He was then subpoenaed to appear at a trial conferences, which he skipped. (Law.com)
Diocese's lawyers ask to make names public Aug 28, 2006
Attorneys representing these plaintiffs are outraged by the motion, saying that Brom's attorneys already know the names for the purposes of locating potential witnesses and developing other pretrial discovery. I think their motivation is solely to intimidate and harass these victims, said Irwin Zalkin, a Solana Beach plaintiffs attorney. (San Diego Union-Tribune)
Report: Police Notes Bolster Prosecution Of Duke Lacrosse Case Aug 26, 2006
Thirty-six pages of typed and handwritten notes from Gottlieb were turned over to defense attorneys on July 17, part of the last of three batches of evidence shared as part of pretrial discovery. Defense attorneys have argued that written medical reports don't support the rape allegation. (WRAL.com, NC)
Court reverses sexual assault conviction Aug 26, 2006
During pretrial discovery, the defense found school records saying the girl was "less than truthful _ could use counseling to help her see the value of being truthful." A school counselor wrote that she had an "ability to look you in the eye and tell a lie.". The judge said she would allow introduction of evidence only relating to the specific allegations concerning Rehkop, and on whether she had recanted allegations of sexual abuse in the past. (WCAX.com, VT)
Further details emerge on rape accusations against members of Duke lacrosse... Aug 25, 2006
His file was delivered to the defense on July 17, making it the last of three batches of investigators notes, medical reports, statements and other evidence shared with the defense under North Carolina s pretrial discovery rules ... They attached, under seal, the 23 pages of medical reports received through pretrial discovery. (The Drudge Report)
Military justice on trial: Military courts have much room for improvement Aug 20, 2006
Some of the aspects of the military system that earn deserved praise include greater rights to remain silent, rights to free counsel and comprehensive pretrial discovery. For instance, defense counsel and their clients have the right to attend the pretrial investigative proceedings known as Article 32 investigations. (North County Times)
EDITORS' ADVISORY: New Legal Guide Published for California Journalists Aug 16, 2006
Issues addressed in the guide include access to public meetings and records; access to court proceedings and judicial records at both the local and federal levels; cameras and recording equipment in the courtroom; getting information on hospital patients under HIPAA; avoiding liability for trespass, intrusion, secret eavesdropping and recording, violations of California's unique paparazzi laws, libel, slander and invasion of privacy; and protection from subpoenas and pretrial discovery under... (PR Newswire)
Does Blumenthal abuse state treasury with outside lawyers? Plaintiff's lawyer says he does, but AG defends hiring as necessary Jul 14, 2006
Journal Inquirer - Does Blumenthal abuse state treasury with outside lawyers. Plaintiff's lawyer says he does, but AG defends hiring as necessary. (Journal Inquirer, CT)
Miss. Judge Declines to Sanction O'Quinn Firm Over Silicosis Cases Jul 8, 2006
Acting on motions by the defendants, the Judicial Panel on Multidistrict Litigation consolidated the suits in September 2003 and assigned Jack to oversee pretrial discovery. But Jack remanded most of the cases to state courts in Mississippi last year after criticizing the mass screening process that resulted in thousands of plaintiffs being diagnosed with silicosis, a chronic lung disease. (Law.com)
SC Allows Discovery of Sexual History in HIV Exposure Suit Jul 7, 2006
As part of pretrial discovery related to her claims of intentional and negligent infliction of emotional distress, fraud and negligence, Bridget B. served medical record subpoenas, as well as various special interrogatories and requests for admissionto which her husband objected in their entiretyconcerning his sexual history and his awareness of his HIV infection. Over his objections, Los Angeles Superior Court Judge Lawrence W. Crispo authorized broad discovery into the husbands medical... (Metropolitan News-Enterprise)
Court Asks for Details of HIV Carrier's Sex History Jul 5, 2006
" Still, she said, it remains to be seen how broad the ruling's impact will be. AIDS and other sexually transmitted diseases have not generated a lot of litigation, because potential plaintiffs know that filing suits will open up their personal lives, Baker said. In this instance, however, a woman identified in the decision only as Bridget B was sufficiently angry to go to court."This is a sad case," Baxter wrote, noting that both the plaintiff and the defendant, John B, are infected with HIV... (Los Angeles Times)
Prosecutors: Defense responsible media leaks in Pellicano case May 24, 2006
Prosecutors said articles citing FBI interviews with Hollywood power brokers didn't start showing up in the New York Times until after information had been turned over to defense attorneys as part of the pretrial discovery process. Because a protective order may have been violated, the U.S. Justice Department has launched an investigation to determine who leaked the details. (Fresno Bee -- State)
Mohawk asks for suit dismissal Apr 29, 2006
They say they can find out what Mohawk s average wages are only if when they move forward with the pretrial discovery process. Mohawk s use of immigrant labor has transformed Calhoun s demographic profile in recent years. (Calhoun Times, GA)
Defense Lawyer Replies In Favor Of Moving Holloway Trial From N.Y. Apr 26, 2006
-- A "pretense" that Aruban law does not allow pretrial discovery of evidence. -- A "manufactured fear" of Aruba by the plaintiffs and their witnesses. (WNBC.com, NY)
Confidentiality Agreements at Issue in High-Profile Divorce Brawl Apr 5, 2006
It said "no prior written matter extrinsic to this Agreement shall have any force or effect ." Ms. Perricone contended that this freed her from the constraint of the Nov. 3, 2003, confidentiality agreement addressing material obtained during pretrial discovery. It said both parties "fully understand that the plaintiff and his business interests may be severely harmed by the public dissemination of defamatory or disparaging information related to the parties" and that neither would engage in... (Law.com)
It's Time to Renounciate Old Speech Patterns Feb 10, 2006
The court will condemnation opposing counsel for unethics during pretrial discovery. If lawyers are unwilling to settle, I'll first chair them to death at trial. (Law.com)
Gray arraigned on five capital murder charges Feb 10, 2006
Daily Press: Virginia. Hampton Roads, Virginia - February 10, 2006 3:54 AM. (Daily Press, VA)
Cosby signed contract with tabloid Jan 10, 2006
Cosby's lawyer, Patrick O'Connor, said the media had no right to view pretrial discovery information such as depositions. "If this man wasn't Bill Cosby, we wouldn't be here," he told the judge. (Philly.com -- News)
