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July 24, 2026
DENVER — An insured’s motion for leave to file an amended complaint to add an additional bad faith claim, a request for punitive damages and a claim for violation of the Colorado Consumer Protection Act (CCPA) should be denied because the additional claims proposed by the insured, which is seeking coverage for damage to its rental unit, are futile, a Colorado federal magistrate judge recommended.
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July 23, 2026
LOS ANGELES — After Cox Commc'ns, Inc. v. Sony Music Ent., movie and television production companies’ contributory copyright infringement claim is doomed because there is no evidence that Midjourney Inc. displayed copyrighted material or encouraged users to produce it, the artificial intelligence image company says in a motion for partial judgment on the pleadings. Meanwhile, the parties wrapped briefing on Midjourney’s attempt to have a judge take a second look at a ruling limiting discovery into the plaintiffs’ consumer-facing AI uses.
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July 21, 2026
PHILADELPHIA — Three litigation funders filed a motion on July 20 asking the Third Circuit U.S. Court of Appeals to stay their appeal challenging a federal judge’s denial of their motion to compel arbitration of a discovery dispute with a German claims administrator, writing that their separate, pending petition for a writ of certiorari arising out of a separate case between the same parties “bears directly on this case.”
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July 21, 2026
DALLAS — A Texas federal judge granted a motion by a part owner of a company that operates laboratories and pharmacies to withdraw his assertion of his Fifth Amendment rights and reopen his deposition in a suit by health insurers alleging that the man and others participated in a fraudulent Racketeer Influenced and Corrupt Organizations Act (RICO) referral scheme, finding that after balancing the parties’ interests, discovery should be reopened for the purpose of allowing the owner to serve amended responses to interrogatories.
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July 17, 2026
PHILADELPHIA — Ruling that neither the district court nor a state court has jurisdiction to enforce a subpoena against the U.S. Environmental Protection Agency because sovereign immunity had not been waived, a Pennsylvania federal judge refused to compel the EPA to respond to document requests made in a lawsuit over alleged injury from exposure to ethylene oxide (EtO), and the judge remanded the case to state court for further proceedings.
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July 17, 2026
NEWARK, N.J. — A nonparty who purchased life insurance policies from plaintiff Columbus Life Insurance Co. filed a motion in New Jersey federal court to quash subpoenas issued by the insurer for the nonparty’s bank records and personal records in a suit alleging violations of the Racketeer Influenced and Corrupt Organizations Act (RICO), fraud, tortious interference and unjust enrichment, arguing that the subpoenas “are overbroad, impose undue burdens, and seek highly sensitive financial information.”
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July 16, 2026
NEW YORK — Declining to compel discovery outside the administrative record in a suit challenging denial of long-term disability (LTD) benefits for an attorney diagnosed with long COVID, a New York federal judge concluded that the attorney “has not shown how his requests are relevant and, if relevant, anything other than disproportionate to the needs of the case.”
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July 16, 2026
NEW YORK — For two years, OpenAI entities misled plaintiffs and the court about the ability to search training data and ChatGPT outputs for plaintiffs’ copyrighted material and destroyed other evidence, the reality of which came to light only during a court-ordered second deposition of the defendants’ corporate representative, news plaintiffs say in asking the federal judge in New York overseeing multidistrict copyright litigation to impose sanctions.
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July 14, 2026
LOS ANGELES — Because an oil and gas company shows at most that genetic mutations might make an individual more susceptible to cancers such as mesothelioma, it has not overcome the plaintiffs’ strong privacy interests, a California judge said in denying a motion to compel additional genetic testing.
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July 14, 2026
DENVER — Following in camera review of a “Good Faith” training presentation created by an auto insurer’s in-house legal department, a Colorado federal magistrate judge ruled that attorney-client privilege applies and the insurer had not waived that privilege by any unjustified delay or by putting the presentation’s contents at issue when asserting defenses in the suit for underinsured motorist coverage.
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July 14, 2026
SALEM, Ore. — Issuing a unanimous opinion dismissing an alternative writ of mandamus in a case concerning whether the state of Oregon can “charge criminal defendants for copies of discovery materials,” the Oregon Supreme Court ruled that an amendment to the state’s discovery statute did not apply because the alleged crimes predated that amendment.
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July 14, 2026
PIERRE, S.D. — Affirming two rulings in a civil suit involving a family’s limited partnership under South Dakota law, the state Supreme Court explained that due to “the severity and bad faith violation of the solemn authority granted to an attorney” regarding subpoenas, it found no abuse of discretion in the trial court’s dismissal of the case and denial of a motion to reconsider that dismissal.
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July 13, 2026
WASHINGTON, D.C. — Following an audit prompted by allegations involving Employee Retirement Income Security Act class action litigation, the Office of Inspector General (OIG) for the U.S. Department of Labor (DOL) released a public report finding that the agency “did not establish sufficient controls for how it shared confidential information using common interest agreements with non-governmental entities.”
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July 13, 2026
DENVER — Issuing an unpublished order and judgment affirming the exclusion of an expert witness in a medical malpractice case as a sanction for discovery violations, refusal to allow untimely substitution of that expert and the resulting grant of summary judgment for the defendants, the 10th Circuit U.S. Court of Appeals said in part that the trial court had “ample reason to conclude Plaintiffs’ missteps actually interfered with the judicial process.”
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July 10, 2026
YOUNGSTOWN, Ohio — Issuing a memorandum and opinion denying a search warrant application in which the government sought permission to use a canvassing cell-site simulator (CCSS), an Ohio federal magistrate judge found that “the proposed CCSS does not satisfy the particularity requirement of the Fourth Amendment nor the prohibition against overbroad warrants.”
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July 09, 2026
NEW ORLEANS — The Fifth Circuit U.S. Court of Appeals granted a petition for en banc rehearing of a case that involves discovery, vacating a 2-1 ruling; dissenting, the circuit judge who wrote that ruling noted that more than three decades have passed since the underlying murder was committed and opined that the appellate court wrongly “dithers with a routine discovery dispute in a collateral proceeding involving a draconian order, issued to a non-party, that is unreasonably burdensome and violates the work-product privilege.”
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July 09, 2026
BALTIMORE — A federal judge in Maryland denied a motion to rescind an April discovery order in a suit by a union and two groups representing a combined 7 million Americans who opposed individuals working for U.S. DOGE Service and U.S. DOGE Service Temporary Organization (together, DOGE) being provided access to Social Security Administration (SSA) records.
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July 07, 2026
PHILADELPHIA — The Pennsylvania federal judge overseeing the multidistrict litigation of cases alleging that the use of glucagon-like peptide-I receptor agonist (GLP-1 RA) medications caused permanent vision loss has granted the drug manufacturers’ “request for early discovery and motion practice as to the cross cutting issues of general causation and preemption/warning adequacy.”
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July 02, 2026
NEWARK, N.J. — A New Jersey federal judge found no legal basis to reverse a magistrate judge’s ruling on a discovery issue in a lawsuit stemming from claims that an improper amount of attorney fees was awarded to a law firm for its work in the Benicar multidistrict litigation.
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July 02, 2026
NEW ORLEANS — Resolving a dispute involving patent licensing agreements, foreign discovery and German and Indian law, the Fifth Circuit U.S. Court of Appeals issued an unpublished opinion concluding that a lower court erred by ordering disclosure to in-house counsel for a nonparty’s competitor because the lower court wrongly overrode one clause in the agreements’ confidentiality protections.
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July 01, 2026
LOS ANGELES — Artificial intelligence video and image company Midjourney Inc. asked a federal judge in California to review a magistrate judge’s ruling limiting discovery into whether various production studios are also training artificial intelligence models on copyrighted works, saying the evidence goes to fair use and unclean hands defenses and there is no basis for a distinction between public-facing uses and internal uses.
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July 01, 2026
WASHINGTON, D.C. — Granting two separate certiorari petitions concerning geofence warrants, the U.S. Supreme Court on June 30 vacated decisions from the Texas Court of Criminal Appeals and the 11th Circuit U.S. Court of Appeals and remanded for further consideration in light of the high court’s one-day-old Chatrie v. United States ruling that accessing cellphone location evidence from Google under a geofence warrant constituted a search under the Fourth Amendment to the U.S. Constitution.
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June 29, 2026
WASHINGTON, D.C. — Concluding that accessing cellphone location evidence from Google under a geofence warrant constituted a search under the Fourth Amendment to the U.S. Constitution, the U.S. Supreme Court on June 29 vacated and remanded part of a Fourth Circuit U.S. Court of Appeals decision in a divided ruling that left significant questions for the Fourth Circuit to address.
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June 29, 2026
MINEOLA, N.Y. — A New York justice quashed a subpoena seeking prompts, outputs and other materials related to a pro se defendant’s interactions with OpenAI OpCo LLC’s artificial intelligence, finding the material protected by litigation privilege.
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June 26, 2026
WILMINGTON, Del. — In a June 25 letter opinion in a suit that arose from a failed merger of grocery companies, a Delaware Chancery Court vice chancellor denied a motion to compel “except to the limited extent of providing guidance on the scope of” a stipulated waiver of attorney-client privilege over legal advice.