Discovery

Category: Discovery

October 3, 2016 • Asbestos Case Tracker, Case Decisions, Discovery, Texas

Collateral Estoppel Did Not Bar Petition to Perpetuate Testimony in Federal Court Prior to Filing Suit Due to Key Distinctions Between Federal and Texas Rules of Civil Procedure

The petitioner filed suit against various entities after developing mesothelioma, alleging asbestos exposure while working for Square D in Cedar Rapids, Iowa from 1971-76. Due to her extremely bad and rapidly deteriorating health, the petitioner sought a court order authorizing her oral and videotaped deposition for use in her anticipated lawsuit for either personal injury … Continued

July 26, 2016 • Asbestos Case Tracker, Asbestos Litigation Analysis, Case Decisions, Discovery, New York

Argument That Plaintiff’s Counsel Misrepresented Return of Privileged Memo Unavailing; Defendant’s Own Actions Waived Privilege

Defendant J-M Manufacturing Company, Inc. moved to vacate the Recommendation of the Special Master finding that J-M waived privilege. In so doing, the defendant argued the Special Master erroneously applied New York law instead of California law in determining that the defendant waived the attorney-client privilege attached to the redacted and unredacted versions of a … Continued

July 5, 2016 • Asbestos Case Tracker, Case Decisions, Discovery, Illinois, State, State>Illinois

Meeting Agendas Between Non-Party Consultant and Counsel for Asbestos Friction Clients Not Privileged

The plaintiffs’ law firm of Maune Raichle Hartley French & Mudd, LLC (Maune) subpoenaed documents from Exponent, Inc., a non-party in Maune’s asbestos litigation pending in Madison County, Illinois. At the request of Exponent, the circuit court held Exponent in friendly civil contempt for refusing to provide an unredacted version of certain documents requested in … Continued

February 19, 2016 • Asbestos Case Tracker, Case Decisions, Discovery, Illinois, State, State>Illinois

Southern District of Illinois Strikes Portions of Pre-Trial Disclosures Containing Vague, Boilerplate Language; Parties Have No Right to Reserve Use of Un-Named Discovery

In four different rulings in the same case, the Southern District of Illinois struck portions of pre-trial disclosures filed by the plaintiff and various defendants. In their pre-trial disclosures, defendants Ingersoll-Rand, Viking Pumps, and Excelsior identified no witnesses and reserved the right to call numerous un-named witnesses at trial. The plaintiff also reserved the right … Continued