Rule 37 Sanctions for Impeding, Delaying, Frustrating Deposition — Intricacies of Remote Deposition Protocols and 30(b)(6) Witnesses Using Notes — No Duty to ID Which 30(b)(6) Topic a Question Relates to — When a Protective Order Is a R. 37(b) Order — Sanctions Must Be Proportional to Offense — Motion to Strike = Objection — When Inherent Power Sanctions for Deposition Misconduct Are Apt

John Doe I v. Exxon Mobil Corp., 2021 U.S. Dist. LEXIS 87596, 2021 WL 1840649 (D.D.C. May 7, 2021): *1 At his deposition, the corporate representative of defendant Exxon Mobil Oil of Indonesia (“EMOI”) refused to answer most of the substantive questions posed to him. Instead, he repeatedly read nonresponsive statem ...

Rule 37 Sanctions: Second Circuit Factors — Exclusion of Witness Not Disclosed Per 26(a) Apt — “Interviewing a Witness Late in the Process Does Not Provide Cover for a Revised Disclosure” — Reconsideration Factors

 Irish v. Tropical Emerald Llc & Rainbow United States, 2021 U.S. Dist. LEXIS 87946 (E.D.N.Y. May 6, 2021): After a series of failed attempts to follow this Court's rules, including those on page ...

Rule 26(a)(1)(A)(iii) Mandatory Damages Disclosure Does Not Extend to Disgorgement Because It Is An Equitable, And Not A Damages, Remedy

 Northern Nat. Gas Co. v. L.D. Drilling, Inc., 405 F. Supp. 3d 981 (D. Kan. 2019): A number of the motions are before the court in the present dispute over the effects of the migration of natural gas which pl ...

Supreme Court — Personal Jurisdiction — Specific Jurisdiction Does Not Require A Causal Relationship Between The Defendant’s In-State Activity And The Litigation — “Some Relationships Will Support Jurisdiction Without A Causal Showing”

Ford Motor Co. v. Montana Eighth Judicial Dist. Ct., 2021 WL 1132515 (U.S. March 25, 2021): *3 In each of these two cases, a state court held that it had jurisdiction over Ford Motor Company in a products-liability suit stemming from a car accident. The accident happened in the State where suit was brought. The victim was one of the State’s residents. And Ford did substantial business in the State—among other things, advertising, selling, and servicing the ...

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Rule 37 Sanctions OK As Basis for Motion in Limine — Damages Evidence Excluded for 26(a)(1)(A)(iii) Disclosure Violation — Whether A Statement Is Puffery Or A Representation of Fact Is A Question of Law — Attorney’s Fees Award Can Be Reduced for Block Billing

Grouse River Outfitters, Ltd. v. Oracle Corp., 2021 WL 754839 (9th Cir. Feb. 26, 2021) (unpublished):MEMORANDUM** *1 Grouse River Outfitters, Ltd. (“Grouse River”) appeals various decisions of the district court. Because the parties are familiar with the facts, we do not recount them here, except as necessary to provide context to our ruling on the specific issues addressed herein. We have ...

Party May Intentionally Breach Contract to Advance a Legitimate Economic Self-Interest And Still Rely on Contractual Limitation of Liability Provision — Provision Avoidable Only by Intentional Misconduct Unrelated to Any Legitimate Economic Self-Interest (NY Law)

 Electron Trading, LLC v Morgan Stanley & Co. LLC, 157 A.D.3d 579 (1st Dept. 2018):  [*579]  [**634] Order, Supreme Court, New York County (Saliann Scarpulla, J.), entered May 24, 201 ...

Alford Plea Lacks the Probative Value of Conventional Guilty Plea — Generally Insufficient, Alone, to Support Summary Judgment in Civil Action — May Be Admissible — Section 1292(b): Circuit Split May Be Insufficient to Show Substantial Ground for Difference of Opinion Warranting Interlocutory Appeal

This matter is before the Court on Plaintiff State Farm Mutual Automobile Insurance Company's Motion for Certification for Interlocutory Appeal ("Motion"). (Dkt. 51.) The parties have consented to the jurisdiction of this Court pursuant to 28 U.S.C. § 636 and

Inherent Power & Rule 37 Sanctions: Permissive Adverse Inference Is “Among the Most Restrained in [the Court’s] Arsenal,” As It Could Order Matters Deemed Admitted – 11th Circuit Gives Overly Broad Reading of Rule 26(a)(1) in Dicta (At Odds with Advisory Committee Note)

Higgs v. Costa Crociere S.P.A. Co., 969 F.3d 1295 (11th Cir. 2020): On Christmas Eve, 2014, Joyce Higgs tripped over a bucket in a dining area of the cruise ship Costa Luminosa and sustained serious injuries to her left shoulder. She sued the cruise company, defendant Costa Crociere ("Costa"), for negligently placing the bucket ...

Inherent Power And Rule 37 Sanctions: No Dismissal for Perjury During Discovery On Non-Pivotal Issues Exposed on Cross – While Lack of Prejudice Not Dispositive, Judge May Properly Consider Effect of Misconduct on the Litigation

Patrick v. City of Chicago, 2020 WL 5362160 (7th Cir. Sept. 8, 2020): *1 Deon Patrick was convicted of double murder in 1995 and sentenced to life in prison. The convictions were vacated in 2014 and Patrick was released. The Cook County Circuit Court issued a certificate of innocence, see

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