In IN RE VALSARTAN, LOSARTAN, AND IRBESARTAN PRODUCTS LIABILITY LITIGATION, Civil No. 19-2875 (D.N.J. Jan. 8, 2021), the issue before the Court was whether a Confidentiality designation pursuant to a Discovery Confidentiality or Protective Order was appropriate. In this case regarding claims that the generic version of the drug Valsartan for high blood pressure was
ILS has provided a handy searchable archive of important decisions on discovery matters.
We do so as a convenience and hope that you will find it interesting, helpful and informative.
However, our case briefs are not intended to replace legal research or relieve counsel of their
duty to independently evaluate the law as it applies to their particular cases.
- ILS Team
- December 18, 2020
Defendant’s Request For An Order Foregoing Plaintiffs’ Post TAR Review and Cost Shifting Denied by Magistrate Judge
In IN RE VALSARTAN, LOSARTAN, AND IRBESARTAN PRODUCTS LIABILITY LITIGATION, Civil No. 19-2875 (D.N.J. 2020) before the Court was Defendant Teva’s request for an Order to forego additional review of documents that based on its own unilaterally developed and administered TAR, were predicted to be non-responsive. Teva alternatively sought to shift to Plaintiffs the cost
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- ILS Team
- November 24, 2020
Use Of Broad Search Term Compelled In Light Of Relevance To The Lawsuit And Absence Of Suggestions By The Parties On How To Further Tailor The Term
In Masimo v. Sotera Wireless, Case No. 19cv1100 (S.D. California Nov.16, 2020), before the Court was the parties’ Joint Motion for Determination of Discovery Dispute where Plaintiff sought to compel a production of emails from Defendant Sotera’s former CEO. The case arose from Plaintiff’s allegation that Defendant infringed on nine of its patents. Plaintiff also
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- ILS Team
- November 16, 2020
Good Cause Existed To Require Defendants To Search for Relevant Documents Outside Its ESI System Of Record
In Wiggins v. Bank of Am., N.A., Civil Action 2:19-cv-3223 (S.D. Ohio Nov. 4, 2020), the parties disputed, among others, the sufficiency of Defendants’ production from its Documentum ESI repository. The case arose from Plaintiff’s challenges to Defendants’ policy of assessing overdraft fees on its customers. As part of discovery, Defendants produced a limited number
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- ILS Team
- November 9, 2020
Cruise Line’s Alleged Failure To Preserve Video Was No Basis For Spoliation Sanctions
In Reed v Royal Caribbean Cruises, No. 1:2019cv24668 (S.D. Fla. Oct. 2, 2020), Plaintiff moved for spoliation sanctions on the grounds that Defendant failed to preserve videos of an alleged incident during a cruise. Plaintiff was a passenger on a cruise operated by Defendant. According to the complaint, during a Defendant organized dance party, an
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- ILS Team
- November 2, 2020
Culling Through 10,000 Emails Not Overly Burdensome Rules Court
In Broussard v. Bd. of Supervisors of La. State Univ. & A & M Coll., No. 19-527-BAJ-RLB (M.D. La. Sep. 28, 2020), Plaintiff moved to compel and for sanctions under FRCP 37 on the grounds that Defendants failed to produce certain emails, among other discovery. The lawsuit arose from Plaintiff’s allegations that Defendants failed to
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- ILS Team
- October 26, 2020
Just Because A Search Will Produce More Documents Than Are Relevant Does Not Excuse Failing To Conduct A Search Rules Magistrate Judge
Before the Magistrate Judge in Hardman v. Unified Gov’t of Wyandotte Cnty., Case No. 19-2251-KHV-TJJ (D. Kan. Aug. 10, 2020) were a myriad of discovery disputes presented in Plaintiff’s motion to compel. Among others, Plaintiff moved for an order requiring Defendant to conduct searches using certain key words and for Defendant to include the email
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- ILS Team
- October 19, 2020
Representative Examples of Search Hits Ordered In Discovery Dispute
In Taylor v. Shutterfly, Inc., Case No. 18-cv-00266-BLF (VKD) (N.D. Cal. Sep. 2, 2020), the issue before the Court was the parties’ dispute concerning the application of search terms to Defendant Shutterfly’s ESI collection. The case arose from Plaintiff’s claim that Shutterfly placed misleading advertisements on Groupon’s website. In addition to seven agreed upon search
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- ILS Team
- October 12, 2020
Redactions Of Death Data In The Form of Clinical Trial Study Days Ruled Improper
In In re Onglyza (Saxagliptin) & Kombiglyze XR (Saxagliptin & Metformin) Prods. Liab. Litig., No. 5:18-MD-2809-KKC, (E.D. Ky. Aug. 19, 2020), at issue before the Magistrate Judge was Plaintiffs’ motion to compel arising from their claim that Defendants engaged in improper redactions of relevant information. Among the redaction types addressed by the Magistrate Judge were
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- ILS Team
- October 5, 2020
Spoliation Sanctions Motion Denied In Cruise Line Slip and Fall Case
In Hoover v. NCL, No. 19-22906 (S.D. Fla. Aug. 5, 2020), the District Court denied Plaintiff’s spoliation sanctions motion. Plaintiff was a passenger on a cruise ship operated by Defendant and slipped while walking down an outdoor stairway sustaining injuries. After the cruise, Plaintiff contacted Defendant’s claims division about her fall and injuries but did
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