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Mealey's Discovery

October 24, 2024
OpenAI Wants Evidence Of New York Times’ AI Damages, AI’s Positive Impact

NEW YORK — The New York Times Co. must produce evidence of any damages from artificial intelligence, as well as its usage of ChatGPT and other third-party AIs, OpenAI entities tell a federal judge in New York in a letter motion seeking to compel production.
October 24, 2024
Supreme Court Won’t Stay Discovery Subpoena On S.C. Agency Pending Cert Petition

WASHINGTON, D.C. — Chief Justice John G. Roberts Jr. of the United States on Oct. 23 denied an application by the South Carolina Department of Parks, Recreation and Tourism (SCDPRT) to stay, pending resolution of its petition for certiorari, a mandate by the Fourth Circuit U.S. Court of Appeals in a dispute over waiver and immunity related to a discovery subpoena served on the agency by Google LLC in an antitrust lawsuit.
October 22, 2024
Parties To AI Insurance Estimate Trade Secret Battle Debate Scope Of Discovery

CHICAGO — A vehicle insurance claims evaluation platform urged a federal judge in Illinois to compel production of discovery from an artificial intelligence company that allegedly used an alias to steal proprietary information and trade secrets. But in response, the AI company says that having learned nothing untoward from AI training data and other evidence production, the plaintiff is now seeking to expand discovery to time periods untethered to the claims.
October 21, 2024
Magistrate Reduces Data Sample Google Must Produce In Assistant Eavesdropping Row

SAN JOSE, Calif. — A California federal magistrate judge on Oct. 18 resolved a two-year-old discovery dispute in a class action over Google LLC’s purported eavesdropping of users of its Google Assistant (GA) app, reducing the number of user query samples the defendant must provide to the plaintiffs in light of a subsequent ruling certifying only a single class claim for unfair competition.
October 21, 2024
11th Circuit Panel: No Jurisdiction Over Grand Jury Subpoena Appeal

ATLANTA — An 11th Circuit U.S. Court of Appeals panel dismissed a consolidated appeal objecting to discovery orders related to grand jury subpoenas, finding that it lacked jurisdiction because the appellant investment firm, which is not a party to the underlying grand jury investigation, did not first stand in contempt of the orders.
October 14, 2024
COMMENTARY: International Arbitration Experts Discuss The ICSID Arbitration Rules And The Disclosure Of Third-Party Funders Information

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October 18, 2024
Woman: Federal Court Discovery Can’t Save Untimely Asbestos Case Removal

SEATTLE — Supplemental discovery requests filed after a case landed in federal court did not change the allegations in the case or render a defendant’s removal six months after the filing of the complaint timely, a woman tells a federal judge in Washington in responding to a request for supplemental briefing.
October 17, 2024
Panel Issues Split Ruling In Tire Trade Dress Suit On Discovery, Daubert, Privilege

WASHINGTON, D.C. — In a long-running trade dress dispute between two tire companies, a Federal Circuit U.S. Court of Appeals panel partly affirmed a trial court ruling, deeming the asserted trade dress functional and, therefore, not protectable and upholding discovery sanctions and expert testimony exclusion, while reversing in part by finding that litigation privilege barred the defendant’s counterclaims.
October 16, 2024
Georgia Supreme Court: No Attorney-Client Privilege In Jail Phone Calls

ATLANTA — A Georgia Supreme Court majority on Oct. 15 ruled that jailhouse phone calls between an arrestee and his counsel did not include legal advice and, therefore, were not protected by the attorney-client privilege.
October 16, 2024
Magistrate Denies AGs’ Bid To Stay Discovery Order In Social Media Addiction MDL

OAKLAND, Calif. — A California federal magistrate judge on Oct. 15 denied a motion by state attorneys general to stay a discovery order in a product liability multidistrict ligation over the purported addictive qualities for adolescents of several of the largest social media platforms, finding that the attorneys general failed to show a likelihood of success on the merits or irreparable harm absent the stay.
October 16, 2024
South Carolina Agency To High Court: No Immunity Waiver In Discovery Subpoena Row

WASHINGTON, D.C. — The South Carolina Department of Parks, Recreation and Tourism (SCDPRT) in an Oct. 15 reply brief defends its application with the U.S. Supreme Court to stay a Fourth Circuit U.S. Court of Appeals mandate of a ruling that the department waived sovereign immunity in a discovery subpoena with Google LLC, arguing that state law and binding precedent establish that the state’s attorney general has no authority to waive its immunity.
October 16, 2024
Magistrate Finds Some Motions To Compel Documents Need Revising In Exactech MDL

BROOKLYN, N.Y. — A New York federal magistrate judge granted in part and denied in part motions to compel the production of documents filed by plaintiffs in the Exactech orthopedic device multidistrict litigation, finding that while some of the documents are relevant to the proceedings, other requests are overbroad and too burdensome.
October 15, 2024
South Carolina Court Passes On Asbestos Causation, Sanction Questions

COLUMBIA, S.C. — The South Carolina Supreme Court left in place a discovery sanction and $3.12 million asbestos verdict, denying a certiorari petition asking it to weigh in on a wide range of issues from causation and intervening cause to the availability of punitive damages and whether a court properly penalized the defendant for its handling of lung tissue sample.
October 11, 2024
Apple Argues For Dismissal Of Government’s ‘Fishing Expedition’ Antitrust Suit

NEWARK, N.J. — Apple Inc. on Oct. 10 filed a brief supporting its dismissal motion in an antitrust suit against it by the U.S. Department of Justice (DOJ) and attorneys general from 20 states, alleging that Apple violated the Sherman Antitrust Act through its monopolization of the smartphone market.
October 10, 2024
Judge Wants Insights Into Discovery Request In Asbestos Case Remand Fight

SEATTLE — Discovery requests issued after briefing on a motion for remand call into question whether asbestos claims involve allegations of exposure stemming from military vessels at a shipyard, and the parties should meet and confer to resolve the issue or file supplemental briefs on the issue, a federal judge in Washington said.
October 10, 2024
Man On Dismissal: Moline Study A Portion Of Talc Case, Doesn’t Call For Discovery

NEW YORK — Courts strongly favor granting voluntary dismissals with prejudice as precedent cited by both parties shows, and dismissal would leave no basis or need for ongoing discovery, an asbestos plaintiff tells a federal judge in New York in an Oct. 9 reply brief rebutting claims that his motion to dismiss his case was a bad faith effort to avoid discovery.
October 09, 2024
New York Court: No Privacy Protections For Asbestos Expert’s Talc Study Subjects

NEW YORK — The subjects of research papers on the connection between cosmetic talc and mesothelioma are clearly relevant to personal injury actions, and because the subjects were never treated by or patients of the researchers, they are not protected by federal health privacy law, a panel of the First Department New York Supreme Court Appellate Division said Oct. 8.
October 08, 2024
DuPont Seeks To Seal More Documents In PFAS Case

WILMINGTON, N.C. — In the long-running lawsuit brought by residents against E.I. Dupont de Nemours & Co., now known as EIDP Inc., and two affiliates (collectively, DuPont) in North Carolina federal court over alleged contamination from per- and polyfluoroalkyl substances (PFAS), the companies have filed a brief in support of yet another motion to keep certain documents under seal. The documents at issue in the current filing are declarations and expert reports that DuPont argues contain “sensitive, nonpublic, commercial business information.”
October 07, 2024
U.S. Supreme Court Denies Cert In Trump Twitter Warrant 1st Amendment Dispute

WASHINGTON, D.C. — The U.S. Supreme Court on Oct. 7 denied certiorari to X Corp. (formerly known as Twitter Inc.) in its bid seeking of review whether a warrant obtained by the U.S. Department of Justice (DOJ) to search former President Donald J. Trump’s Twitter account and an accompanying nondisclosure order (NDO) violate the First Amendment to the U.S. Constitution and the Stored Communications Act (SCA).
October 04, 2024
Judge: Company Did Not Show Relevance Of Discovery Sought In Fracking Rights Case

HARRISBURG, Pa. — A federal judge in Pennsylvania has denied a hydraulic fracturing operator’s letter motion to compel discovery in a long-running and complex dispute over whether the operator trespassed and took natural gas from landowners’ property without authorization, ruling that the company had failed to satisfy its burden “to demonstrate that the requested discovery is relevant to a claim or defense at issue in this case.”
October 03, 2024
Discovery Ruling Issued In Insurance Fraud Suit Seeking Relief Under ERISA, UCL

LOS ANGELES — A California federal magistrate judge substantially granted a motion to compel discovery filed by a cheese manufacturing company in its suit against surgery centers for alleged fraudulent billing for health care plan benefits related to unnecessary or unperformed medical services, restitution under the Employee Retirement Income Security Act (ERISA) and violations of California’s unfair competition law (UCL), finding in part that the defendants’ privacy concerns are outweighed by the need for the discovery information that will be reviewed under a stipulated protection order that will address those concerns.
October 03, 2024
Fracking Operator Says 2nd Bid To Compel Discovery In Long-Running Case Fails

CLARKSBURG, W.Va. — A hydraulic fracturing company filed a response brief in West Virginia federal court on Oct. 2 objecting to a second motion to compel production of documents filed by the plaintiffs in a long-running mineral rights class action, arguing that they sought the same information in the previous motion to compel and the company’s objections to the first motion are still pending.
October 02, 2024
Japanese Firm Can’t Avoid Asbestos Jurisdictional Discovery After N.J. Ruling

TRENTON, N.J. — A New Jersey judge declined to reconsider a ruling allowing jurisdictional discovery into a Japanese company’s contacts with the state in an asbestos case after saying his concern about some of the statements made by affiants in support of a motion to dismiss warranted such a move.
October 02, 2024
Mississippi High Court Reverses Summary Judgment In Explosion Coverage Dispute

JACKSON, Miss. — The Mississippi Supreme Court held that fact issues preclude summary judgment in insurers’ subrogation lawsuit arising from an explosion at a gas processing plant, reversing the lower court’s grant of summary judgment in favor of the defendant and remanding for further proceedings.
October 02, 2024
Florida Federal Judge Tosses FCA Suit For ‘Unconstitutional’ Qui Tam Appointment

TAMPA, Fla. — Drawing on a dissent issued by U.S. Supreme Court Justice Clarence Thomas in United States ex rel. Jesse Polansky, M.D., M.P.H. v. Executive Health Resources, a Florida federal judge on Sept. 30 granted defendants’ dismissal motion in a qui tam suit alleging that medical providers and Medicare Advantage (MA) insurers violated the False Claims Act (FCA), finding that the relator lacks standing pursuant to Article II of the U.S. Constitution to pursue a qui tam action on the government’s behalf.