So much of discovery depends on agreement: for example,
where and when will the officers of an out of state corporate defendant appear
for their depositions. And what about an out of country
defendant? Can you make their representatives appear in the United States
for a deposition if you can't...
Lacoste Alligator, S.A., which sells tennis shirts and
other apparel with the distinctive green crocodile logo in high-end stores like Nordstrom and
Saks Fifth Avenue, will get a chance to find out, through discovery in a
lawsuit, which of its distributors (if any) have been selling its products to...
In BAE Systems Information and Electronic Systems Integration, Inc. v. Lockheed Martin Corp ., C.A. No. 3099-VCN (Del. Ch. June 30, 2011), read letter ruling here , the Delaware Court of Chancery granted a motion to bifurcate what the Court described as an "indisputably complex" case, into...
The Delaware Court of Chancery yesterday denied a Motion
to Dismiss a shareholder's demand for books and records of a company
based on DGCL Section
220. The Court ruled that the issue of whether this action was an attempt
to circumvent the stay on discovery imposed in a related federal securities...
Wimbledon Fund LP - Absolute Return Fund
Series v. SV Special Situations Fund LP , C.A. No. 4780-CS (Del.
Ch., Dec. 22, 2011), read letter ruling here . Read
summaries of prior Delaware decisions in this matter here.
This is the latest iteration of several prior Delaware
decisions in this case...
There haven't been a lot of opinions from the Business Court on Motions to Compel, but yesterday there were two, both from Judge Murphy. In the first, Blue Ridge Pediatric & Adolescent Medicine, Inc. v. First Colony Healthcare, LLC, 2012 NCBC 45, the Judge found a general objection insufficient...
The Order on the Motion to Compel last week in WNC Holdings, LLC v. Alliance Bank & Trust Co. will be of particular interest to lawyers in litigation with banks.
The case deals mainly with the discoverability of a bank's "compliance review documents." Those are defined by statute...