Blogs

Posts Categorized: Discovery/Disclosure

Posted: March 7, 2017

Client Q&A: My Opponent Gets Evidence From My E-Mail? It Would Take Me Weeks to Read Through My E-mail!

My Opponent Gets Evidence From My E-mail? It Would Take Me Weeks to Read Through My E-mail! By John M. Lundin As we have discussed in a prior post, in modern complex commercial litigation, one of the biggest costs relates to discovery–the exchange of evidence between the parties. And electronic discovery is one of the… Read more »

Posted: February 23, 2017

Party Waived Right to Seek Objected-To Discovery By Not Making Timely Motion to Compel

On February 14, 2017, Justice Oing of the New York County Commercial Division issued a decision in New York University v. International Brain Research Foundation, Inc., 2017 NY Slip Op. 30291(U), holding that a party waived its right to seek discovery by not making a timely motion to compel its production, explaining: Defendant now moves… Read more »

Posted: January 28, 2017

Pre-Action Discovery Not Available to Revive Already-Dismissed Action

On January 11, 2017, Justice Oing of the New York County Commercial Division issued a decision in Culligan Soft Water Co. v. Clayton Dubilier & Rice, LLC, 2017 NY Slip Op. 30074(U), holding that a litigant could not use pre-action discovery to revive an already-dismissed action, explaining: [P]laintiffs seek an order compelling discovery from the… Read more »

Posted: January 19, 2017

Party Waived Right to Serve Discovery Demands by Disregarding Case Management Order Deadlines

On January 17, 2017, the First Department issued a decision in Vandashield Ltd v. Isaacson, 2017 NY Slip Op. 00259, holding that a party waived the right to serve discovery demands by failing timely to do so, explaining: The court providently exercised its discretion in finding, on July 20, 2015, that defendants had waived their… Read more »

Posted: December 29, 2016

Court Dismisses Both Complaint and Counterclaims for Discovery Abuses

On December 14, 2016, Justice Oing of the New York County Commercial Division issued a decision in Landmark Ventures, Inc. v. Gallucci, 2016 NY Slip Op. 32457(U), confirming a referee’s recommendation that both the plaintiff’s claims and the defendant’s counterclaims be dismissed as a discovery sanction, explaining: Following a number of appearances for conference, JHO… Read more »

Posted: November 13, 2016

Discovery Sanction Precluding Party From Offering Testimony or Evidence at Trial Upheld

On November 2, 2016, the Second Department issued a decision in Hasan v. 18-24 Luquer St. Realty, LLC, 2016 NY Slip Op. 07160, upholding a discovery sanction precluding a party from offering testimony or evidence at trial, explaining: If a party refuses to obey an order for disclosure or wilfully fails to disclose information which… Read more »

Posted: October 5, 2016

Non-Party Did Not Waive Common Interest Privilege

On September 29, 2016, the First Department issued a decision in 21st Century Diamond, LLC v. Allfield Trading, LLC, 2016 NY Slip Op. 06245, holding that a non-party did not waive the common interest privilege, explaining: The motion court based its finding that the common-interest privilege had been waived on a poorly worded analogy —… Read more »

Posted: September 2, 2016

Party’s Sale of Server During Lawsuit Leads to Adverse Inference As Sanction for Spoliation

On August 23, 2016, Justice Bransten of the New York County Commercial Division issued a decision in Oorah, Inc. v. Covista Communications, Inc., 2016 NY Slip Op 31618(U), imposing an adverse inference as a sanction for spolitation of electronic documents. In Oorah, the defendant, Covista, after making an apparently incomplete document production, transferred its server… Read more »