Mealey's Discovery

  • December 21, 2023

    Reinsurer Wins Summary Judgment In Securities Suit Involving Loss Ratios

    CAMDEN, N.J. — Citing findings including evidence of “a complex actuarial process to set loss reserves,” a New Jersey federal judge granted summary judgment to a reinsurer and some of its former executives after finding that shareholders used a “falsity-by-omission” theory of liability in alleging that the defendants violated federal securities laws.

  • December 21, 2023

    Group:  Government’s Bid To Compel Disclosure Of Personal Data Is ‘Baseless’

    RALEIGH, N.C. — The Plaintiffs’ Leadership Group (PLG) in the Camp Lejeune Water crisis litigation has filed a response brief in North Carolina federal court arguing that the court should deny as “premature and baseless” the government’s motion to compel disclosure of plaintiffs’ dates of birth and Social Security numbers.

  • December 20, 2023

    Magistrate: Fracking Operators Must Produce Documents In Royalty Dispute

    COLUMBUS, Ohio — A federal magistrate judge in Ohio has granted leaseholders’ motion to compel hydraulic fracturing companies to produce documents in a long-running royalty dispute, ruling that the leaseholders’ requests were “technically timely” and that the information sought is “relevant to damages” and is not unduly burdensome for the fracking companies to produce.

  • December 19, 2023

    Magistrate Judge Finds Motion For Protective Order Over Talc Bottles Moot

    NEW YORK — A federal magistrate judge in New York denied as moot a motion seeking a protective order governing the return and use of talc bottles submitted as evidence in a pair of asbestos cases after a state court plaintiff asked the judge in his case to modify an order mandating that the defendants return the bottles to the plaintiffs.

  • December 19, 2023

    Unsecured Creditors Update Proposed Liquidation Plan In Vesttoo Chapter 11 Cases

    WILMINGTON, Del. — The Official Committee of Unsecured Creditors on Dec. 18 filed an amended proposed combined disclosure statement and Chapter 11 plan of liquidation for the jointly administered cases of Vesttoo Ltd. and 48 affiliates in Delaware federal bankruptcy court.

  • December 15, 2023

    Vice Chancellor Issues Final Order In Hedge Fund’s Suit Over Nonpublic Info

    WILMINGTON, Del. — A vice chancellor of the Delaware Chancery Court has issued a final order specifying the circumstances under which a public holding company would be required to produce certain nonpublic information to a hedge fund regarding a captive reinsurer that issued dividends totaling approximately $1.2 billion.

  • December 15, 2023

    Presiding Arbitrator Dissents From Production Order In ICSID Claim Against Qatar

    WASHINGTON, D.C. — The International Centre for Settlement of Investment Disputes (ICSID) published a split tribunal’s order on document production issued in a French-Algerian investor’s pending claim against the state of Qatar, with the presiding arbitrator dissenting from the denial of the claimant’s requests for business records he says were seized from him when he was detained by Qatar for six months.

  • December 15, 2023

    Asbestos-Talc Company: With Little Burden, Crucial Third-Party Subpoena Allowable

    RICHMOND, Va. — Producing a single document listing the 75 participants in a study on asbestos-talc causation imposes essentially no burden on a third-party medical provider, but the resulting information could provide “critical” evidence rebutting a man’s case, a talc company tells the Fourth Circuit U.S. Court of Appeals in an opening brief.

  • December 15, 2023

    Plaintiffs’ Group Seeks To Compel Government To Produce Camp Lejeune Documents

    RALEIGH, N.C. — The plaintiffs’ leadership group (PLG) in the multidistrict litigation over water contamination at U.S. Marine Corps Base Camp Lejeune on Dec. 14 filed a brief in North Carolina federal court arguing that it should compel the U.S. government to produce documents pertaining to housing at the base, files held by a federal agency regarding the water at Camp Lejeune and reports indicating the identities of the personnel at the base.  The PLG says the defendant’s “dilatory efforts threaten to upend the Court’s schedule.”

  • December 14, 2023

    Musk Tells High Court SEC Violated 1st Amendment Rights In Consent Decree

    WASHINGTON, D.C. — In a petition for a writ of certiorari, Elon Musk tells the U.S. Supreme Court that the Second Circuit U.S. Court of Appeals erred when it affirmed that a consent order between him and the Securities and Exchange Commission could not be changed after he agreed to it, arguing that the SEC demanded that he waive his First Amendment rights as part of the agreement.

  • December 14, 2023

    Journalist Says Government Can’t Defend Withholding FOIA AI Documents

    WASHINGTON, D.C. — No statutory or logical basis prevents the Department of Defense (DOD) from releasing 5,000 documents it concedes are responsive to a Freedom of Information Act (FOIA) inquiry about Google Inc.’s role in the Project Maven artificial intelligence program, a journalist tells a federal judge in the District of Columbia in a cross-motion and opposition to summary judgment.

  • December 14, 2023

    Israeli Law Raised In Feedback On Liquidation Plan For Vesttoo And Its Affiliates

    WILMINGTON, Del. — In two Dec. 13 filings citing Israeli law and other issues, Vesttoo Ltd. and its affiliated debtors and a venture capital organization and individual that report significant related interests urge a Delaware federal bankruptcy court not to approve a Chapter 11 plan of liquidation and related arrangements as currently proposed.

  • December 14, 2023

    New York Justice Orders Production Of Plaintiff’s Talc Bottle Evidence

    NEW YORK — A defendant must immediately produce and return to the plaintiff bottles of talc produced in discovery and cease any additional testing of the evidence, a New York justice said in an order granting a motion to compel.

  • December 12, 2023

    Magistrate Grants Motion To Compel In Bad Faith Suit Over $4M STOLI Policy

    LINCOLN, Neb. — A Nebraska federal magistrate judge granted an insurer’s motion to compel the production of documents in a breach of contract and bad faith suit filed against the insurer by Wells Fargo Bank, the securities intermediary for an account holder of a purported stranger originated life insurance (STOLI) policy, finding that even if the insurer’s “conduct was inequitable,” the insurer is “entitled to discover evidence of” purported “inequitable conduct” by Wells Fargo.

  • December 12, 2023

    Revlon Says Discovery Request In Hair Relaxer Case Constitutes ‘Wasteful Conduct’

    CHICAGO — Revlon Inc. and its affiliates, which were sued by women who say their hair relaxer products increase the risk of uterine and ovarian cancer because they contain phthalates, on Dec. 11 filed a response brief in Illinois federal court arguing that the court should deny the plaintiffs’ request to compel the production of materials shared with foreign regulators about non-U.S. hair relaxer products, contending that the request is “the latest example of Plaintiffs’ disorganized, wasteful conduct in these proceedings.”

  • December 11, 2023

    Parties Settle Emergency Care Compensation Case Featuring Discovery Scope Dispute

    TEXARKANA, Texas — A federal judge in Texas on Dec. 8 issued an order canceling an upcoming status conference after parties reported that with the help of a mediator, they reached a confidential settlement resolving a freestanding emergency care compensation case in which the judge ordered discovery that the insurer warned could require 1.4 million man hours to fulfill.

  • December 11, 2023

    In Health Care Dispute, Michigan Federal Judge Denies Tribe’s Motion For Default

    BAY CITY, Mich. — The Saginaw Chippewa Indian Tribe of Michigan is not entitled to default judgment against a health insurance provider that allegedly violated the Employee Retirement Income Security Act (ERISA) by improperly administering two health insurance plans because the tribe failed to show that the providers’ failure to comply with discovery orders was due to willfulness, bad faith or fault, a Michigan federal judge found in denying the tribe’s renewed motion for default judgment.

  • December 06, 2023

    Judge Orders Briefs On Return Of Talc Bottles, Asbestos Plaintiff’s Use

    NEW YORK — Parties must brief why a state court ruling in a separate case ordering the return of two bottles of talc produced in discovery does not violate the supremacy clause of the U.S. Constitution, and plaintiff Brian Gref should explain what he intends to do with the bottles after receiving them and why the court should not consider the evidence spoliated if the bottles are used as evidence in the separate case, a federal magistrate judge in New York said Dec. 5.

  • December 04, 2023

    Louisiana Court Revives Children’s Subpoena Into Widow’s Asbestos Settlements

    NEW ORLEANS — A district court judge erred in granting a widow’s motion to quash a subpoena, a divided Louisiana appellate court said, concluding that the lower court failed to consider whether surviving children’s subpoena seeking information about a widow’s settlements in an asbestos case could lead to discoverable information.

  • December 01, 2023

    More Shareholders Join Suit Saying Target Pride Collection Led To Stock Drop

    FORT MYERS, Fla. — A shareholder who previously filed a complaint alleging that Target Corp. made false statements about its LGBTQ+ Pride collection leading to a loss in stock value has filed an amended complaint, now joined by four additional plaintiffs including an investment adviser firm.

  • December 01, 2023

    Delaware Judge Denies Assignees’ Motion To Compel In Wrongful Death Coverage Suit

    NEW CASTLE, Del. — A Delaware judge refused to compel a homeowners insurer to produce the claim file of a convicted murderer’s parents in a breach of contract and bad faith lawsuit seeking coverage for an underlying wrongful death lawsuit that resulted in a $15,816,580 arbitration award, finding that the murderer’s assignees failed to demonstrate that the parents’ claim file is relevant to the coverage lawsuit.

  • November 30, 2023

    California Judge Orders Limited Asbestos-Talc Plaintiff Testimony On Genetics

    OAKLAND, Calif. — A California judge said an asbestos-talc plaintiff must answer three questions posed to her at her deposition about genetic testing about which she refused to answer but that the defendants were not entitled to discovery of any and all information about genetic mutations from which the woman suffers.

  • November 30, 2023

    BMW Denied Access To Nonparties’ Cell Records, Texts In Product Liability Suit

    ORLANDO, Fla. — The cell phone records and communications of three nonparties to a products liability suit against BMW of North America LLC are protected by the attorney-client and spousal privileges, a Florida federal magistrate judge ruled Nov. 29, granting a motion to quash BMW’s subpoenas that sought this information.

  • November 30, 2023

    Judge Rules On Discovery Request In FCA Suit Alleging Medicare Advantage Fraud

    TAMPA, Fla. — A Florida federal judge on Nov. 29 granted in part a relator’s motion to compel discovery in a qui tam suit brought on behalf of the federal government, alleging that medical providers and Medicare Advantage (MA) insurers violated the federal False Claims Act (FCA) by  conspiring together to increase risk adjustment scores of MA patients to obtain more federal funding than was owed, finding that because the fraud examples provided in the complaint do not show a purported scheme from 2014 continuing after 2020, discovery is limited to ending on the last day of 2020.

  • November 30, 2023

    In GitHub AI Copyright Suit, Parties Told To Meet, Confer Not Move To Compel

    SAN FRANCISCO — While a California federal court mulls a second round of motions from OpenAI Inc., GitHub Inc. and Microsoft Corp. seeking dismissal of claims under the Digital Millennium Copyright Act (DMCA) and California’s unfair competition law (UCL) related to allegations of improper attribution in the development of an artificial intelligence tool, a magistrate judge denied the plaintiffs’ motion to compel discovery responses in favor of a directive for the parties to meet and confer about discovery disputes.

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