discovery

Antitrust claims are bifurcated and discovery is stayed

March 12, 2010 19:29

Masimo Corporation v. Philips Electronics North America Corp., et al., Civil Action No.09-80-MPT, March 11, 2010. Thynge, M. J.  Plaintiff’s motion to bifurcate and stay discovery of defendant’s antitrust counterclaims is granted. Discovery is stayed pending trial on the patent...

Hiding in Plain Sight

March 11, 2010 22:54

There are more than 18 million articles in PubMed and more are added in a day than you could hope to analyze in a month. Surely if someone had the time to digest it all new associations and patterns would emerge suggesting new hypotheses and generating new knowledge....

Length and Cost of a Lawsuit

March 09, 2010 14:38

 My friend Gene Lee wrote a good post about how long discrimination lawsuits can take.  He refers to statistics showing that from start to finish, the average lawsuit will take 22 months.  That sounds about right for the San Antonio area, also.  Here in South Texas, we can file...

CA Court Says Witness Interviews Not Privileged Work Product

March 09, 2010 09:07

The March 8, 2010 edition of the Daily Recorder reports that a divided California appellate court has ruled that witness statements recorded or taken in writing by attorneys or their representatives aren't privileged work product and, therefore, are open to discovery.  The dissenter ruled that...

in brief: Coito v. Superior Court may alter the way in which information is gathered in some class actions

H. Scott Leviant
March 05, 2010 20:19

Yesterday, in Coito v. Superior Court (March 4, 2010), the Court of Appeal (Fifth Appellate District) addressed an issue that nominally concerned the collection of evidence in a wrongful death lawsuit naming California as one defendant.  The facts are particularly sad in that the case...