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Preview: LexisNexis® Mealey's™ Discovery Legal News

LexisNexis® Mealey's™ Discovery Legal News

Headline Discovery Legal News from LexisNexis®


Texas High Court Deems Hailstorm MDL Attorney Fee Info Protected As Work Product
AUSTIN, Texas - A Texas Supreme Court majority on June 9 granted an insurer's petition for mandamus in a discovery dispute, finding that a trial court and an appeals court abused their discretion by granting a group of insured's request for billing records from other cases in the same multidistrict litigation because such records are protected from discovery as work product (In Re National Lloyds Insurance Co., Wardlaw Claims Service Inc. and Ideal Adjusting Inc., No. 15-0591, Texas Sup., 2017 Tex. LEXIS 522).

New York Court Agrees: 'Systemic Failure' Waived Asbestos Memo's Protections
NEW YORK - A company waived privilege over a redacted attorney-client memo providing advice involving the asbestos-cement pipe business due to its repeated disclosure concessions, but the company's more strenuous efforts regarding an unredacted version keeps it privileged, a New York appeals court held June 15 (Richard Warren v. Amchem Products Inc., et al., No. 4297, 190281/2014, N.Y. Sup., App. Div., 1st Dept., 2017 N.Y. App. Div. LEXIS 4808).

Illinois Majority Says Insured's Documents May Be Protected
CHICAGO - The First District Illinois Appellate Court on June 30 reversed a trial court's order regarding the production of documents by an insured after determining that the documents may be protected by the attorney-client privilege (Motorola Solutions Inc, v. Zurich Insurance Company, et al., No. 1-16-1465, Ill. App., 1st Dist., Div. 1, 2017 Ill. App. LEXIS 443).

Court Modifies Opinion In Privileged Asbestos Document Case, Denies Rehearing
LOS ANGELES - A California appeals panel on June 30 modified an opinion discussing a company's conduct surrounding privileged document discussing the risk-benefit analysis of asbestos products, but otherwise denied rehearing after refusing to seal the record to protect the document (Elaine Margie Paulus, et al. v. J-MM Manufacturing Company Inc., No. B269904, Calif. App., 2nd Dist.).

Court: Law Firm, Not Lawyer Retained Privilege Over Attorney's Emails
SAN FRANCISCO - A law firm retained privilege over a former asbestos attorney's work product and was not required to obtain his permission before disclosing emails between him and a scientific consulting firm, a California appeals court held June 21 (Tucker Ellis v. The Superior Court of City and County of San Francisco, Evan C. Nelson, No. A148956, Calif. App., 1st Dist., 2017 Cal. App. LEXIS 571).

Insured Failed To Prove Attorney-Client Privilege Was Waived By Insurer
LAS VEGAS - A Nevada federal magistrate judge on June 22 denied an insured's motion to compel an insurer to produce reports and letters from one of its attorneys after determining that the insured failed to prove that the insurer's alleged bad faith conduct warrants a finding that the insurer impliedly waived the attorney-client privilege (Kirsten Spargo v. State Farm Fire and Casualty Company, No. 16-3036, D. Nev., 2017 U.S. Dist. LEXIS 96823).

Judge Denies Compelling Production Of Communications Of Reinsurance Transactions
OWENSBORO, Ky. - A Kentucky federal judge on July 7 denied the government's motion to compel production of all communications in revised privilege logs submitted by an insurer and its insureds concerning taxable years for insurance and reinsurance transactions (United States of America v. Owensboro Dermatology Associates P.S.C., No. 16-00003, United States of America v. Dermatology Property Management LLC, No. 16-00004, United States of America v. Beveled Edge Insurance Co., No. 16-00005, W.D. Ky., 2017 U.S. Dist. LEXIS 105099).

11th Circuit: ACLU Entitled To Jurisdictional Discovery In Records Request Suit
ATLANTA - A trial court erred in not permitting the American Civil Liberties Union of Florida Inc. (ACLU-FL) to conduct discovery that went to the heart of its petition for mandamus over a public records request dispute as well as to the federal jurisdiction of the matter, an 11th Circuit U.S. Court of Appeals panel ruled June 20, remanding the case for discovery (American Civil Liberties Union of Florida Inc., et al. v. City of Sarasota, et al., No. 16-15848, 11th Cir., 2017 U.S. App. LEXIS 10807).

Environmental Plaintiff, United States Stipulate To Delta Smelt Documents
FRESNO, Calif. - The Natural Resources Defense Council (NRDC) and the U.S. Department of the Interior on July 7 stipulated in a California federal court to the production of additional government documents and said they will resolve document admissibility questions through motions and a case challenging adequate federal protection of the threatened Delta smelt fish (Natural Resources Defense Council, et al. v. Ryan Zinke, et al., No. 05-1207, E.D. Calif.).

AP Tells D.C. Circuit That The FBI Conducted An Inadequate FOIA Search
WASHINGTON, D.C. - Appealing a trial court's grant of summary judgment to the Federal Bureau of Investigation and the U.S. Department of Justice (DOJ), The Associated Press and a reporters group argue in a June 29 brief to the District of Columbia Circuit U.S. Court of Appeals that the FBI's responses to their Freedom of Information Act (FOIA) requests were inadequate and ignored information that was clearly responsive (The Reporters Committee for Freedom of the Press, et al. v. Federal Bureau of Investigation, et al., No. 17-5042, D.C. Cir.).

DOJ Asks High Court To Decide If Microsoft Must Produce Foreign-Stored Emails
WASHINGTON, D.C. - Representing the United States in a June 23 petition for certiorari, the U.S. Department of Justice (DOJ) asks the U.S. Supreme Court to consider whether a warrant issued with probable cause under the Stored Communications Act (SCA) can require Microsoft Corp. to produce a customer's emails that are stored in a foreign server (United States of America v. Microsoft Corp. [In the Matter of a Warrant to Search a Certain E-Mail Account Controlled and Maintained by Microsoft Corp.], No. 17--2, U.S. Sup.).

Magistrate: Failure To Preserve Browser Histories Negligent, Not Sanctionable
WILMINGTON, N.C. - Although the defendant in a libel suit was negligent in failing to preserve the internet browser histories of its employees for discovery purposes, a North Carolina federal magistrate judge on June 7 found no evidence of intentional conduct that would merit the sanction of adverse jury instructions sought by the plaintiff (Frederic N. Eshelman v. Puma Biotechnology Inc., No. 7:16-cv-00018, E.D. N.C., 2017 U.S. Dist. LEXIS 87282).

Insurer Seeks Discovery Sanctions Against Bank In Reinsurance Dispute
COLUMBIA, S.C. - In a heavily redacted June 19 motion, an insurer asks a South Carolina federal court to impose discovery sanctions on a bank accused of mishandling reinsurance funds because the bank has failed to preserve relevant evidence (Companion Property and Casualty Insurance Co. n/k/a Sussex Insurance Co. v. U.S. Bank National Association v. Redwood Reinsurance Spc. Ltd., et al., No. 15-01300, D. S.C., 2017 U.S. Dist. LEXIS 54182).

Discovery Responses Were Not Deficient, Reinsured Says To Nebraska Federal Court
LINCOLN, Neb. - A reinsured writes in a June 7 letter to a Nebraska federal court that its discovery responses regarding a promissory note and a reinsurance participation agreement were not deficient (Applied Underwriters Inc. v. Top's Personnel Inc., No. 15CV90, D. Neb.).

Embezzlement Victim's Counsel Deemed Not Prosecution Team In Discovery Dispute
SAN FRANCISCO - Although a law firm representing the victim of an embezzlement scheme in a civil suit cooperated with the prosecutors in a criminal case against the embezzler, a California appeals panel on June 5 found that the firm could not be considered part of the prosecution team and, thus, could not be compelled to comply with discovery requests under the requirements of Brady v. Maryland (IAR Systems Software Inc., et al. v. The Superior Court of San Mateo County, et al., No. A149087, Calif. App. 1st Dist., 2017 Cal. App. LEXIS 512).

Discovery Of Non-ACA Plan Information Denied In Insurer's Dialysis Fraud Suit
WEST PALM BEACH, Fla. - Finding that a health insurer's fraud claims related to kidney dialysis were pleaded only for its Patient Protection and Affordable Care Act (ACA) plans, a Florida federal magistrate judge on July 10 denied in part a motion to compel non-ACA plan information from the dialysis provider defendants (UnitedHealthcare of Florida Inc., et al. v. American Renal Associates Holdings Inc., et al., No. 9:16-cv-81180, S.D. Fla.).

Federal Claims Judge Allows Limited Discovery Of U.S. Role In GM Bailout
WASHINGTON, D.C. - A U.S Court of Federal Claims judge on June 14 granted in part a renewed motion for discovery filed by former General Motors Corp. auto dealer franchisees that claim that the U.S. government's action in connection with the GM bailout amounted to a taking of their franchise agreements without just compensation (Colonial Chevrolet Co. Inc., et al. v. United States, No. 1:10-cv-647, Fed. Clms., 2017 U.S. Claims LEXIS 692).

Judge Denies Loan Servicer's Request For Amended Answers On Payments
TAMPA, Fla. - After finding that interrogatories sought by a loan servicer were improper, a Florida federal judge on June 27 denied a request to compel a homeowner, who alleges that the servicer violated the Fair Debt Collection Practices Act (FDCPA) and other laws when it improperly reported that he was delinquent on his loan, to provide amended answers to his previous responses (Joseph C. Suszko v. Specialized Loan Servicing LLC, et al., No. 8:16-cv-2333, M.D. Fla., 2017 U.S. Dist. LEXIS 98788).

Magistrate Judge Denies Motion To Compel In Trade Secrets Lawsuit
CHICAGO - A federal magistrate judge in Illinois on June 20 denied a motion to compel filed by defendants in a misappropriation of trade secrets lawsuit, ruling that the plaintiff has agreed to provide certain information to the defendants as soon as it is located (PolyOne Corp. v. Yun Martin Lu, et al., No. 14-10369, N.D. Ill., 2017 U.S. Dist. LEXIS 94508).

Judge Orders Parties To Turn Over Information In Trade Secrets Lawsuit
OKLAHOMA CITY - Parties in a misappropriation of trade secrets lawsuit are required to provide each other with certain discovery information relating to a former employee's departure from a company and subsequent hiring and duties with a direct competitor, a federal judge in Oklahoma ruled June 16 in granting each party's motion to compel in part (Maxum Petroleum Inc. v. Stephen Hiatt, et al., No. 17-287, W.D. Okla., 2017 U.S. Dist. LEXIS 92719).

Ohio Federal Magistrate Grants Motion To Compel Discovery In Franchise Agreement Dispute
COLUMBUS, Ohio - An Ohio magistrate judge on June 7 granted a plaintiff beer distributor's motion to compel discovery in a franchise agreement dispute between the distributor and brewing companies, saying that information regarding the manner in which the defendant brewing companies have interpreted and/or enforced provisions in their franchise agreement with other distributors is relevant to the case (Southern Glazer's Distributors of Ohio, LLC v. The Great Lakes Brewing Co., et al., No. 2:16-cv-861, S.D. Ohio, Eastern Div.; 2017 U.S. Dist. LEXIS 87365).

Insured Entitled To Documents Related To Underwriting, Federal Magistrate Judge Says
BALTIMORE - A Maryland federal magistrate judge on June 23 determined that an insured is entitled to documents pertaining to an insurer's underwriting review because the documents may help the insured in defending the insurer's misrepresentation claim alleged against the insured in a lead coverage dispute (CX Reinsurance Co. Ltd., f/k/a CNA Reinsurance Co. Ltd. v. B&R Management Inc., et al., No. 15-3364, D. Md., 2017 U.S. Dist. LEXIS 97133).

Judge Orders Reinsurer To Provide Missing Tax Documents To Insurers
ATLANTA - In a case over fraudulent transfers of reinsurance funds, a Georgia federal judge granted in part insurers' motion to compel on June 12, ordering a reinsurer to provide missing tax documents to the insurers (Canal Insurance Co. and Canal Indemnity Co. v. Golden Isles Reinsurance Company Ltd,, et al., No. 15-cv-03331, N.D. Ga.).

Reinsurer Notes Insurer's Inaccuracies, Seeks Discovery Ruling Reconsideration
SYRACUSE, N.Y. - Noting that an insurer's opposition is "riddled with inaccuracies," a reinsurer argues in its June 26 reply brief that a New York federal court should reconsider a discovery ruling in a dispute over asbestos claims or compel the insurer to produce all post-complaint, internal documents involving coverage issues relating to primary and umbrella policies (Utica Mutual Insurance Co. v. R&Q Reinsurance Co., No. 15-cv-270, N.D. N.Y.).

Facebook Seeks Renewed Discovery Stay In Biometrics Class Action
SAN FRANCISCO - Facebook Inc. on June 19 moved to renew a motion to stay discovery in a putative class action alleging that the social network violated Illinois' Biometric Information Privacy Act (BIPA), which it originally filed in California federal court in February, arguing that a pending Ninth Circuit U.S. Court of Appeals ruling could be dispositive of disputed jurisdictional questions and could moot the plaintiffs' discovery requests (In re Facebook Biometric Information Privacy Litigation, No. 3:15-cv-03747, N.D. Calif.).

Appeals Court Dismisses Nationwide's Challenge Of Ruling Denying Discovery Stay
CHILLICOTHE, Ohio - An Ohio appeals panel on May 31 dismissed an appeal from Nationwide Mutual Fire Insurance Co.'s over the denial of its motion to stay discovery in a suit accusing a couple of intentionally setting fire to their home to collect insurance proceeds, finding that the ruling does not require the insurer to produce privileged documents (Nationwide Mutual Fire Insurance Company v. Mark Jones, et al., No. 15CA3709, Ohio App., 4th Dist., 2017 Ohio App. LEXIS 2300).

Vizio, Class Debate 'Tracked Data' Definition In Smart TV Privacy Suit
SANTA ANA, Calif. - In a pair of supplemental memoranda filed June 13 in California federal court, Vizio Inc. and a putative class of owners of its smart TVs argue over the proper definition of the term "tracked data" as it relates to the plaintiffs' wiretap and privacy claims over Vizio's alleged collection of viewer data, as well as to the scope of plaintiffs' discovery requests (In Re: Vizio, Inc., Consumer Privacy Litigation, No. 8:16-ml-02693, C.D. Calif.).

Texas Federal Judge Denies Expedited Discovery Motion In Restaurant Dispute
AUSTIN, Texas - A Texas federal judge on June 19 denied a motion for expedited discovery filed by restaurant franchisors, saying that they will receive the information they seek when the defendant files a written update with the court (Stockade Cos. LLC, et al. v. Kelly Restaurant Group LLC, No. 1:17-cv-143, W.D. Texas, 2017 U.S. Dist. LEXIS 94097).

Oakfabco Must Produce Asset Sale Information To Asbestos Claimants
CHICAGO - Asbestos claimants in the Chapter 11 case of defunct boiler manufacturer Oakfabco Inc. got a boost in their efforts to maximize their potential recoveries from the company June 8 when an Illinois federal bankruptcy judge granted their request to conduct discovery into the debtor's 2009 sale of its remaining operating assets (In re: Oakfabco, Inc., No. 15-27062, N.D. Ill. Bkcy.).

Court Schedules Discovery Into Rapid-American, Insurer Policy Limits Dispute
NEW YORK - A New York federal bankruptcy judge on June 6 issued a scheduling order for fact discovery and identification of expert witnesses in a dispute between Chapter 11 debtor Rapid-American Corp. and one of its insurers over whether a policy has a $7 million or $14 million limit for asbestos liability claims (Rapid-American Corporation, et al. v. Travelers Casualty and Surety Company, et al., No. 15-01095, S.D. N.Y. Bkcy.).

Protective Order For Disability Insurer Granted By New York Federal Magistrate Judge
NEW YORK - A New York federal magistrate judge on June 2 granted a disability insurer's motion for a protective order after determining that the insurer demonstrated that the public disclosure of the information would be valuable to its competitors and place it at a competitive disadvantage (David Robert Aitken v. Aetna Life Insurance Co., No. 16-4606, S.D. N.Y., 2017 U.S. Dist. LEXIS 88181).

Insurer Seeks Protective Order Against Reinsurer In Breach Of Contract Suit
PHILADELPHIA - In a breach of contract dispute, an insurer argues in a June 15 motion that a Pennsylvania federal court should not grant a reinsurer's request to compel the insurer to produce all documents it redacted and, alternatively, should grant a protective order barring the reinsurer from asking questions at depositions about the insurer's reserves and its other reinsurers (R&Q Reinsurance Co. v. St. Paul Fire & Marine Insurance Co., No. 16-cv-01473, E.D. Pa.).

NHL Opposes Attorney Fees For University In Concussion MDL Discovery Dispute
MINNEAPOLIS - The National Hockey League (NHL) on June 5 asked the federal judge overseeing the NHL concussion multidistrict litigation to deny the Boston University Chronic Traumatic Encephalopathy Center (CTE Center)'s motion for attorney fees because the center has not shown that its legal costs would "have been substantially lower if the NHL's motion to compel had been limited only to those requests that were ultimately granted by the Court" (In re: National Hockey League Players Concussion Injury Litigation, MDL No. 14-2551, D. Minn.).

'Proportionality Is The Polestar,' Says Texas High Court In Discovery Dispute
AUSTIN, Texas - The Texas Supreme Court on May 26 found that neither an insurer nor its insureds have a unilateral right to specify the format of discovery under Texas Rule of Civil Procedure 196.4, Texas R. Civ. P. 196.4, denying the insurer's request for mandamus relief without prejudice in a dispute over the discovery submission form for electronically stored information (ESI) (In re State Farm Lloyds, Nos. 15-0903 and 15-0905, Texas Sup., 2017 Tex. LEXIS 482).

Newspaper's FOIA Suit Over Officers' Mug Shots Denied Certiorari
WASHINGTON, D.C. - In its May 22 order list, the U.S. Supreme Court denied a newspaper's petition for certiorari over privacy rights connected to Freedom of Information Act (FOIA) requests for booking photos, letting stand a Sixth Circuit U.S. Court of Appeals ruling that found an FOIA exemption protecting certain "embarrassing" facts from disclosure (Detroit Free Press Inc. v. U.S. Department of Justice, No. 16-706, U.S. Sup., 2017 U.S. LEXIS 3246).

D.C. Circuit Court Says EPA Correctly Withheld Records Obtained From Power Plants
WASHINGTON, D.C. - A panel of the District of Columbia Circuit U.S. Court of Appeals on May 30 ruled that the U.S. Environmental Protection Agency properly withheld production of financial records obtained from a number of power plants in response to a Freedom of Information Act (FOIA) request from three environmental groups, finding that Exemption 4 of the FOIA supersedes a provision of the Clean Water Act (CWA) that would allow disclosure of the information (Environmental Integrity Project, et al. v. U.S. Environmental Protection Agency, No. 16-5109, D.C. Cir., 2017 U.S. App. LEXIS 9332).

D.C. Circuit Dismisses CEO's Appeal Of Senate Subpoena As Moot
WASHINGTON, D.C. - Because a U.S. Senate subcommittee no longer seeks to enforce an investigatory document productions subpoena on LLC, a District of Columbia U.S. Circuit Court of Appeals panel on May 16 dismissed an appeal of an enforcement order brought by the firm's chief executive officer as moot (Senate Permanent Subcommittee on Investigations v. Carl Ferrer, No. 16-5232 and 16-5274, D.C. Cir., 2017 U.S. App. LEXIS 8558).

Google Argues SCA Warrant Cannot Reach Emails Stored Outside United States
SAN FRANCISCO - Contending that the Stored Communications Act (SCA) "does not clearly indicate that it applies extraterritorially," Google Inc. in a May 26 reply brief asks a California federal court to apply de novo review to a magistrate's order denying its motion to quash a warrant issued by the U.S. government seeking certain user emails stored in foreign servers (In the Matter of the Search of Content That is Stored at Premises Controlled by Google, No. 3:16-mc-80263, N.D. Calif.).

Disability Claimant's Suit Stayed To Allow Claimant To Attempt To Enforce Subpoena
LEXINGTON, Ky. - A Kentucky federal judge on May 23 granted a disability claimant's motion to stay to allow the claimant additional time to enforce a subpoena in Massachusetts federal court against a Massachusetts-based company whose services were used by a disability insurer during the handling of the insured's benefits claim (Susan Card v. Principal Life Insurance Co., No. 15-139, E.D. Ky., 2017 U.S. Dist. LEXIS 77819).

Idaho Supreme Court Allows Discovery Of Identity Of Consultants
BOISE, Idaho - In a unanimous decision, the Idaho Supreme Court on May 11 found that a trial court erred by denying a motion to reveal the identity of a non-testifying witness who helped the plaintiffs' expert witness in a medical malpractice suit because the Idaho Civil Rules of Procedure allow for the identity of a non-testifying witness to be disclosed during discovery (Jaymie Quigley, et al. v. Travis Kemp, et al., No. 43725, Idaho Sup., 2017 Ida. LEXIS 129).

10th Circuit Says Discovery Needed On Whether Lender Is Tribal Entity
OKLAHOMA CITY - More information is needed about a payday lending company's ties to an Indian tribe before a court can decide whether a customer's Telephone Consumer Protection Act (TCPA) claims against the company are barred by the tribe's sovereign immunity, the 10th Circuit U.S. Court of Appeals ruled June 1 in vacating dismissal of the customer's claims (Keith Finn v. Great Plains Lending, LLC, No. 16-6348, 10th Cir.; 2017 U.S. App. LEXIS 9649).

Talc Company Accused Of Fraud Doesn't Need Discovery, Asbestos Plaintiffs Argue
NEWARK, N.J. - Discovery into underlying asbestos claims is not warranted in a class action alleging that a talc company destroyed evidence relevant to asbestos claims because the case involves the scheme to protect the company from liability, not the tort actions, plaintiffs told a federal judge in New Jersey on May 12 (Kimberlee Williams, et al. v. BASF Catalysts LLC, et al., No. 11-1754, D. N.J.; see related story this issue).

Judge: Some New Evidence Allowed In Property Contamination Case
BATON ROUGE, La. - A federal judge in Louisiana on May 31 partially granted and partially deferred pretrial evidence motions in a lawsuit brought by homeowners against a developer that they allege is responsible for contaminating their properties with raw sewage, finding that there was no basis to exclude from evidence certain medical documents related to the alleged pollution (Cedar Lodge Plantation LLC, et al. v. CSHV Fairway View I LLC, et al., No. 13-129, M.D. La.; 2017 U.S. Dist. LEXIS 83690).

Xarelto MDL Judge Says Janssen Witness Must Testify By Remote, Live Transmission
NEW ORLEANS - The Louisiana federal judge overseeing the Xarelto multidistrict litigation on May 26 again denied a defense motion to quash a subpoena to have a company witness in New Jersey give live testimony at an upcoming New Orleans bellwether trial via remote transmission (In Re: Xarelto [Rivaroxaban] Products Liability Litigation, MDL Docket No. 2592, Joseph Orr Jr. v. Janssen Pharmaceuticals, Inc., et al., No. 15-3708, E.D. Pa., 2017 U.S. Dist. LEXIS 81047).

Wyoming Seeks To Quash Subpoena In Fracking Case Involving Water Contamination
CHEYENNE, Wyo. - The state of Wyoming on May 3 filed a brief in the U.S. District Court for the District of Wyoming arguing that a subpoena issued for a state employee in a hydraulic fracturing lawsuit brought by a couple who allege that fracking activities tainted their water should be quashed because the plaintiffs are attempting to "forcibly draw" the state into proceedings to which it is not a party (Jeff Locker, et al. v. Encana Oil & Gas USA Inc., No. 14-131, D. Wyo.).

Biopharmaceutical Firm Sanctioned For Using Materials In Other Suits
NEW YORK - A biopharmaceutical company violated a protective order by using discovery materials designated as confidential to file two other lawsuits, a New York federal magistrate judge ruled June 5, granting two motions by the defendant to enforce the protective order and sanctioning the plaintiff (Errant Gene Therapeutics LLC v. Sloan-Kettering Institute for Cancer Research, No. 1:15-cv-02044, S.D. N.Y., 2017 U.S. Dist. LEXIS 85962).

Protective Order Entered For Student Information In Educator's Retaliation Suit
COLUMBUS, Ohio - Pursuant to an agreement between an educator, who is suing her former school district for employment retaliation, and the Ohio Department of Education (ODE), an Ohio federal magistrate judge on May 26 entered a protective order governing how students' information may be submitted in response to the plaintiff's discovery subpoena (Jessica Irving v. Steve Carr, et al., No. 2:16-cv-00728, S.D. Ohio, 2017 U.S. Dist. LEXIS 81159).

Bank Employee's Hard Drive Must Be Produced In Fraud Suit, Magistrate Says
BUFFALO, N.Y. - Even though a lending firm's employee voluntarily provided her hard drive to the FBI, a New York federal magistrate judge on May 25 deemed the drive material and discoverable, granting a motion to compel by a man accused of defrauding the firm (United States of America v. Laurence Savedoff, et al., No. 1:16-cr-00041, W.D. N.Y., 2017 U.S. Dist. LEXIS 81133).

Judge Orders Email Production In Workplace Retaliation Suit, Scolds Parties
SEATTLE - In a June 5 order, a Washington federal judge granted in part a fired employee's motion for production of certain emails from her former supervisor, with the judge taking the opportunity to admonish both sides for the necessity of the motion, which he attributed to the parties' unwillingness to cooperate on discovery (Theresa Ortloff v. Dave Trimmer, et al., No. 2:16-cv-01257, W.D. Wash., 2017 U.S. Dist. LEXIS 85963).

Panel Reverses, Says Tenants In Lead-Paint Case May Compel Discovery From Landlord
NEW YORK - An appeals panel in New York on May 23 reversed a lower court's ruling and concluded that tenants who sued their landlord alleging injuries from exposure to lead-based paint had made a valid request to compel discovery pertaining to potential lead violations in the entire building where their apartment was located (Z.D., by her mother and natural guardian Zaimah A. v. MP Management LLC, No. 3436N, 26043/14, N.Y. Sup., App. Div., 1st Dept.; 2017 N.Y. App. Div. LEXIS 3989).

Indiana Magistrate Judge Orders Discovery Of Franchise Pacts In Restaurant Row
HAMMOND, Ind. - An Indiana magistrate judge on May 10 granted a Texas grill and saloon franchisor's motion to compel discovery of franchise agreements of a western-style restaurant franchisor that is accusing it of trademark and trade dress infringement, but limited it to production of U.S. franchise agreements because requiring production of foreign franchise agreements, if any, would be "disproportional to the needs of the case" (Texas Roadhouse Inc., et al. v. Texas Corral Restaurants Inc., et al., No. 2:16-cv-28, N.D. Ind., 2017 U.S. Dist. LEXIS 71182).

Defendant In Fungal Meningitis Outbreak Gets Access To Government's Trial Exhibits
BOSTON - The United States on May 9 was ordered to turn over a trial binder and PowerPoint to the former head of the New England Compounding Center (NECC), who is challenging his conviction related to a fungal meningitis outbreak linked to drugs compounded at his company (United States of America v. Barry J. Cadden, No. 14-10363, D. Mass.).

Judge Denies Homeowner's Request To Enjoin Destructive Testing
BEAUFORT, S.C. - A federal judge in South Carolina on May 30 denied a woman's request for an injunction barring defendants accused of construction defects from conducting destructive testing on the stucco on her home, noting that the motion to compel the testing was withdrawn (Jacqueline Craft v. South Carolina Plastering, LLC, et al., No. 15-cv-5080-PMD, D. S.C., 2017 U.S. Dist. LEXIS 81816).

Judge Declines To Strike Expert's Interest Analysis For Tribe's ERISA Claims
BAY CITY, Mich. - If an Indian tribe prevails on its claim that its health care plan administrator violated the Employee Retirement Income Security Act by charging hidden fees and pursues prejudgment interest, its expert on calculating the interest amount can offer his analysis at trial, a Michigan federal judge ruled May 16, while also blocking the tribe's request for discovery in the interest rate dispute (Saginaw Chippewa Indian Tribe of Michigan, et al. v. Blue Cross Blue Shield of Michigan, No. 1:16-cv-10317, E.D. Mich., 2017 U.S. Dist. LEXIS 56562).

Judge Partly Grants Motion To Compel Discovery In Dispute Over Employee Fraud
CINCINNATI - An Ohio federal judge on May 9 granted in part insurers' motion to compel discovery in a dispute over fidelity bond coverage for the alleged fraudulent conduct of a bank insured's former loan officer (Fifth Third Bancorp, et al. v. Certain Underwriters at Lloyd's, et al., No. 14-869, S.D. Ohio, 2017 U.S. Dist. LEXIS 70639).

Company: Court Should Compel Discovery Responses In Chemical Injury Case
ST. LOUIS - Doe Run Resources Corp. on May 5 filed a brief in Missouri federal court arguing that the court should compel the plaintiffs in a lawsuit alleging injuries from exposure to toxic chemicals to respond to requests for discovery on substantive liability (A.O.A, et al. v. Doe Run Resources Corporation, No. 11-00044, E.D. Mo.).

Magistrate Judge Allows In Part Documents On Asbestos Losses In Reinsurance Dispute
BOSTON - Granting in part a reinsurer's request for documents relating to an insurer's allocation of an insured's asbestos losses to its reinsurers, a Massachusetts federal magistrate judge on May 26 ordered the insurer to produce facultative certificates for a few similarly situated reinsurers (Lamorak Insurance Co. v. Everest Reinsurance Co., No. 15-cv-13425, D. Mass.).

Federal Judge Refuses To Compel Insurer To Produce Discovery In Coverage Dispute
WILLIAMSPORT, Pa. - A Pennsylvania federal judge on May 12 denied a modular home builder insured's motions to compel discovery and for sanctions in a commercial general liability insurer's declaratory judgment action disputing coverage for underlying faulty workmanship claims against the insured (Westfield Insurance Co. v. Icon Legacy Custom Modular Homes and Icon Legacy, No. 15-00539, M.D. Pa., 2017 U.S. Dist. LEXIS 72624).

Reinsurer Seeks Production Of Redacted Documents On 'Reserves,' 'Other Reinsurance'
PHILADELPHIA - In a breach of contract dispute, a reinsurer in a June 1 motion asks a Pennsylvania federal court to compel an insurer to produce all documents it redacted or withheld concerning "reserves," "reinsurance," "other reinsurance" and "proprietary" information (R&Q Reinsurance Co. v. St. Paul Fire & Marine Insurance Co., No. 16-cv-01473, E.D. Pa.).

Defendants Oppose Request For Discovery Of Tax Returns, Bank Records As To Reinsurer
ATLANTA - In a case over fraudulent transfers of reinsurance funds, various individual defendants in a May 18 brief oppose a request by insurers for a Georgia federal court to compel them to provide tax returns and bank account records pertaining to a reinsurer because the motion is premature (Canal Insurance Co. and Canal Indemnity Co. v. Golden Isles Reinsurance Company Ltd, et al., No. 15-cv-03331, N.D. Ga.).

Reinsurer Seeks Discovery On Post-Complaint Documents Relating To Coverage Issues
SYRACUSE, N.Y. - In an asbestos coverage dispute, a reinsurer on May 15 asked a New York federal court to reconsider a discovery ruling and to compel an insurer to produce all post-complaint, internal documents involving coverage issues relating to primary and umbrella policies (Utica Mutual Insurance Co. v. R&Q Reinsurance Co., No. 15-cv-270, N.D. N.Y.).

Ire Over Depositions In Asbestos Fraud Case 'Baseless,' Judge Told
NEWARK, N.J. - Having "[sown] poisoned seeds" by conducting a decades-long effort to destroy evidence of asbestos liability, a company now attempts to harvest its crop by complaining that class representatives accusing it of fraud do not know the precise impact of that scheme, plaintiffs told a New Jersey federal judge on May 30 in opposing a sanctions motion (Kimberlee Williams, et al. v. BASF Catalysts LLC, et al., No. 11-1754, D. N.J.).

Supreme Court: Causal Link Necessary In Sanctions For Discovery Misconduct
WASHINGTON, D.C. - Vacating a $2.7 million sanctions award against Goodyear Tire & Rubber Co. in a product liability suit, the U.S. Supreme Court on April 18 ruled that such an award must have a causal link to costs incurred by the opposing party that are attributable to the misconduct (Goodyear Tire & Rubber Co. v. Leroy Haeger, et al., No. 15-1406, U.S. Sup., 2017 U.S. LEXIS 2613).

Asbestos-Talc Defendant Accused Of Fraud Wants Plaintiffs' Counsel Sanctioned
NEWARK, N.J. - Class counsel's failure to comply with basic discovery obligations requires imposing sanctions and an order mandating compliance, a company accused of hiding and destroying evidence of asbestos-contamination of its talc 25-years ago told a federal judge in New Jersey on May 1. Meanwhile, the parties continue to battle over whether third-party attorneys and firms must turn over evidence relating to the underlying asbestos tort claims (Kimberlee Williams, et al. v. BASF Catalysts LLC, et al., No. 11-1754, D. N.J.).

Florida High Court: Attorney-Doctor Referral Relationship Protected By Privilege
TALLAHASSEE, Fla. - An attorney's referral of a client to a particular physician constitutes a confidential communication that is protected by attorney-client privilege, a majority in the Florida Supreme Court ruled April 13, reversing an appeals court finding that such a referral relationship is discoverable as a means of determining potential bias by the physician in a personal injury lawsuit (Heather Worley v. Central Florida Young Men's Christian Association, et al., No. SC15-1086, Fla. Sup., 2017 Fla. LEXIS 812).

5th Circuit Orders Re-Examination Of Privilege Log In EEOC Bias Suit
NEW ORLEANS - A trial court must further examine an employer's privilege log in a bias suit brought by the Equal Employment Opportunity Commission as the employer has failed to establish that the 278 entries were protected under the attorney-client privilege, a Fifth Circuit U.S. Court of Appeals panel ruled May 4, vacating the trial court's judgment (Equal Employment Opportunity Commission v. BDO USA, L.L.P., No. 16-20314, 5th Cir., 2017 U.S. App. LEXIS 7965).

D.C. Federal Judge Orders More Document Production In Lawsuit Against PBGC
WASHINGTON, D.C. - A District of Columbia federal judge on April 13 ordered the U.S. Treasury Department to produce 63 documents it has withheld on the basis of the presidential communications privilege in a civil action against the Pension Benefit Guaranty Corp. (PBGC), saying that the subpoenaed material likely contains evidence directly relevant to issues that are expected to be central to the trial and that the evidence is not available with due diligence elsewhere (U.S. Department of the Treasury v. Pension Benefit Guaranty Corp. v. Dennis Black, et al., No. 12-mc-100, D. D.C.; 2017 U.S. Dist. LEXIS 56598).

Federal Magistrate Judge Says Some Emails Are Protected By Work Product Doctrine
FORT WAYNE, Ind. - None of the approximately 185 emails between an insured and two of its environmental contractors are protected by the attorney-client privilege; however, a portion of the emails on are protected by the work product doctrine, an Indiana federal magistrate judge determined April 14 after conducting an in camera review of the emails sought by an insurer in an environmental contamination coverage dispute (Valley Forge Insurance Co. v. Hartford Iron & Metal Inc., et al., No. 14-006, N.D. Ind.; 2017 U.S. Dist. LEXIS 57370).

Credit-Reporting Firm Defends Privilege In Forensic Consultant's Report
SANTA ANA, Calif. - In an April 21 brief in California federal court, Experian Information Solutions Inc. opposes a motion to compel by the plaintiffs in a putative data breach class action, contending that a forensic consultant's report on the breach constitutes legal advice that is exempt from discovery under attorney-client privilege and the work product doctrine (In Re Experian Data Breach Litigation, No. 8:15-cv-01592, C.D. Calif.).

Panel Finds Privilege Does Not Shield Patient Records From Investigatory Subpoena
LOS ANGELES - In a May 1 ruling, a California appeals panel majority ruled that the psychotherapist-patient privilege does not protect patient records from disclosure via an administrative subpoena issued in conjunction with an investigation into improper prescription practices, affirming in part a trial court's ruling compelling enforcement of three such subpoenas (Alisa Cross v. The Superior Court of Los Angeles County, No. B277600, Calif. App., 2nd Dist., 2017 Cal. App. LEXIS 398).

D.C. Circuit Finds CFPB's Investigative Demand On Accrediting Group Unenforceable
WASHINGTON, D.C. - Affirming a trial court's ruling, a District of Columbia Circuit U.S. Court of Appeals panel on April 21 found an investigative demand served by the Consumer Financial Protection Bureau (CFPB) on a college accreditation organization to be unenforceable because it did not comply with the notification requirements of the Consumer Financial Protection Act (CFPA) (Consumer Financial Protection Bureau v. Accrediting Council for Independent Colleges and Schools, No. 16-5174, D.C. Cir., 2017 U.S. App. LEXIS 6966).

Magistrate: Disclosure Of Foreign-Stored Google Data Permissible Under SCA
SAN FRANCISCO - In an April 19 ruling, a California federal magistrate judge denied Google Inc.'s motion to quash a warrant, issued under the Stored Communications Act (SCA), for foreign-stored data, concluding that the warrant on California-based Google constituted a domestic application of the statute that does not run afoul of the presumption against extraterritorial application of U.S. laws (In the Matter of the Search of Content That is Stored at Premises Controlled by Google, No. 3:16-mc-80263, N.D. Calif., 2017 U.S. Dist. LEXIS 59990).

Judge Refuses To Quash Bank's Subpoena Over Financial Documents
COLUMBIA, S.C. - Finding that not all documents are privileged under the South Carolina Holding Company Regulatory Act, a South Carolina federal judge on April 10 declined to quash a subpoena in which a bank accused of mishandling reinsurance funds seeks an insurer's financial documents from state insurance regulators (Companion Property and Casualty Insurance Co. n/k/a Sussex Insurance Co. v. U.S. Bank National Association v. Redwood Reinsurance Spc. Ltd., et al., No. 15-01300, D. S.C., 2017 U.S. Dist. LEXIS 54182).

Magistrate Judge Denies Discovery Requests In Trade Secrets Lawsuit
CEDAR RAPIDS, Iowa - A fertilizer company's discovery requests in a subpoena of the owner of a competitor in a misappropriation of trade secrets lawsuit seek irrelevant information and create an undue burden on the owner, a federal magistrate judge in Iowa ruled April 17 in granting the owner's motion to quash (Nachurs Alpine Solutions Corp., f/k/a Na-Churs Plant Food Co., v. Nutra-Flo Co., et al., No. 15-4015, N.D. Iowa, 2017 U.S. Dist. LEXIS 58094).

Energy Supplier Seeks Assistance In Obtaining Discovery In Arbitration
NEW YORK- An English energy supplier on April 18 filed an ex parte application in a New York federal court, seeking assistance in obtaining certain evidence held by a bank for use in an international arbitration commenced by it in relation to a dispute over the alleged forced taking of power-generating equipment by the Commonwealth of Australia (In re Application of APR Energy Holdings Limited for Judicial Assistance in obtaining Evidence in this District for Use in a Foreign and International Proceeding Pursuant to 28 U.S.C. 1782, No. 1:17-cv-02784, S.D. N.Y.).

Supreme Court Declines To Review FOIA 'Agency Record' Question
WASHINGTON, D.C. - In its April 24 order list, the U.S. Supreme Court denied certiorari to the American Civil Liberties Union in the organization's request for clarification of the standard for when a document becomes an "agency record" that is subject to Freedom of Information Act (FOIA) requests (American Civil Liberties Union, et al. v. Central Intelligence Agency, et al., No. 16-629, U.S. Sup.).

State Farm Tells Texas Supreme Court ESI Protocol Is Burdensome
AUSTIN, Texas - In an April 21 brief to the Texas Supreme Court, filed in response to a post-oral argument brief by the real parties in interest in a dispute over the discovery submission form for electronically stored information (ESI) in an insurance coverage lawsuit, an insurer argues that a trial court's requirement that ESI submission be in the form requested by the plaintiffs did not properly balance relevance, needs and burdens under Texas law (In re State Farm Lloyds, No. 15-0903, Texas Sup.).

In Remanded False Claims Act Suit, Discovery Limited To Identified Properties
GULFPORT, Miss. - In a case concerning an insurer's False Claims Act (FCA) violations on Hurricane Katrina claims, a Mississippi federal judge on April 12 granted the parties' motions to reopen the case, which was remanded after a U.S. Supreme Court ruling, limiting initial discovery on those purported violations to properties previously identified in a list provided by the insurer (United States, ex rel. Cori Rigsby, et al. v. State Farm Fire & Casualty Co., No. 1:06-cv-00433, S.D. Miss.).

Tribe, Government Get Discovery Delay In Row Over Planned Restructuring
SIOUX FALLS, S.D. - A South Dakota Indian tribe and the federal government received more time May 5 to decide whether to pursue discovery on the tribe's federal court challenge to a planned restructuring of the Bureau of Indian Education (BIE) (Cheyenne River Sioux Tribe v. Ryan Zinke, et al., No. 15-3018, D. S.D.).

Magistrate Judge Orders Discovery Disputes In Trade Secrets Suit Transferred
SAN JOSE, Calif. - Transferring discovery disputes to a Pennsylvania federal judge overseeing an underlying misappropriation of trade secrets lawsuit is proper because the judge has requested that all motions challenging subpoenas issued be transferred to him, a federal magistrate judge in California ruled April 12 in granting a company's motion to transfer discovery disputes against Yahoo! Inc. and Google Inc. (PPG Industries Inc. v. Jiangsu Tie Mao Glass Co. Ltd., Nos. 16-mc-80160 and 16-mc-8016, N.D. Calif., 2017 U.S. Dist. LEXIS 56316).

Police Officers Want Relief From Newspaper's Discovery Requests In DPPA Suit
CHICAGO - A group of Chicago police officers who sued a newspaper for violating the Drivers Privacy and Protection Act (DPPA) by publishing their personal information moved for a protective order in Illinois federal court on April 28, contending that the newspaper continues to seek improper and irrelevant information in discovery requests despite a previous order precluding it from doing so (Scott Dahlstrom, et al. v. Sun-Times Media LLC, No. 1:12-cv-00658, N.D. Ill.).

Judge Overrules Plaintiff's Objections To Order In Trade Secrets Suit
HOUSTON - A federal judge in Texas on May 2 overruled objections filed by a plaintiff in a misappropriation of trade secrets lawsuit in response to a federal magistrate judge's order allowing defendants to view certain confidential expert reports, finding that the plaintiff failed to show that the order was "clearly erroneous or is contrary to law" (Dresser-Rand Co. v. Schutte & Koerting Acquisition Co., et al., No. 12-184, S.D. Texas, 2017 U.S. Dist. LEXIS 66424).

Magistrate: Protective Order Not Warranted In Directors, Officers Coverage Dispute
TRENTON, N.J. - A New Jersey federal magistrate judge on April 17 denied an insured's motion for a protective order seeking to strike a subpoena's document request for "irrelevant and privileged" material from nonparty Wells Fargo Insurance Services USA Inc. in a directors and officers liability coverage dispute (Benecard Services Inc. v. Allied World Specialty Insurance Co., et al., No. 15-8593, D. N.J., 2017 U.S. Dist. LEXIS 57940).

Pennsylvania High Court Won't Review Ruling On Abuse Reporters' Testimony
HARRISBURG, Pa. - In a one-sentence per curiam order, the Pennsylvania Supreme Court on April 12 denied a petition for allowance to appeal from an order of a precedential state appeals court ruling that the state's Older Adults Protective Services Act (OAPSA) does not prevent people who report elder abuse from testifying in civil litigation (Vicki L. McLaughlin, et al. v. Garden Spot Village, et al., No. 764 MAL 2016, Pa. Sup., Middle Dist.).

Company Seeks Protective Order Preventing Deposition Of CEO In Battery Injury Case
OKLAHOMA CITY - One of the defendants sued in connection with injuries suffered by two workers when a lithium battery exploded during a hydraulic fracturing operation moved in Oklahoma federal court on April 17 for a protective order barring the deposition testimony of its CEO, contending that plaintiffs' counsel is deposing the executive in an effort to "harass" him (Jacob McGehee, et al. v. Southwest Electronic Energy Corporation, et al., and Southwest Electronic Energy Corporation v. Engineered Power LP, et al., No. 15-145, W.D. Okla.).

Disability Claimant Permitted To Depose Independent Medical Consultant, Federal Judge Says
CHICAGO - A disability claimant is permitted to depose an independent medical consultant because a physician's potential biases could affect a decision regarding whether the claimant was actually disabled, an Illinois federal judge said April 10 (Becky Harding v. Hartford Life and Accident Insurance Co., No. 16-6700, N.D. Ill., 2017 U.S. Dist. LEXIS 54241).

Impact Of Deposition, Obstruction Briefed In California Asbestos Case
OAKLAND, Calif. - Parties to an Alameda County case have completed briefing a California appeals court on whether late-submitted deposition testimony creates trial issues in a couple's asbestos action (Keith Turley and Joy Ann Turley v. Familian Corp., No. A149752, Calif. App., 1st Dist.).

Judge Declines To Seal Docs In Reinsurer, Insurer Dispute Over Asbestos Coverage
SYRACUSE, N.Y. - Supporting documents pertaining to transcripts, arbitration filings and expert reports will not be sealed in a breach of contract dispute between an insurer and reinsurer over asbestos coverage, a New York federal judge ruled April 26 (Utica Mutual Insurance Co. v. Munich Reinsurance America Inc., No. 12-cv-00196, Munich Reinsurance America Inc. v. Utica Mutual Insurance Co., No. 13-cv-00743, N.D. N.Y.).

Judge Orders Costa Rican Company To Produce Emails To Del Monte
MIAMI - A Florida federal magistrate judge on May 2 granted a request by Del Monte International GMBH for production of documents, finding that a Costa Rican entity did not meet its burden of establishing all the elements of the common interest doctrine in relation to the requested information (DelMonte International GMBH v. Ticofrut S.A., No. 16-23894, S.D. Fla.).

Federal Judge In NHL MDL Partially Grants, Denies Motion To Compel
MINNEAPOLIS - The judge overseeing the National Hockey League (NHL) concussion multidistrict litigation on April 26 said the league will not be able to get most of the documents it requested from the Boston University Chronic Traumatic Encephalopathy Center (BU CTE Center) because of the heavy burden it would create on the center to gather all of the documents requested (In re: National Hockey League Players Concussion Injury Litigation, MDL No. 14-2551, D. Minn.).

Judge: Oil Company May Request Discovery In Fracking Well Dispute
OKLAHOMA CITY - A federal judge in Oklahoma on April 5 ruled that an oil company could request discovery of some information pertaining to "other similar incidents" that it contends are related to the hydraulic fracturing well dispute it has with a fracking services company (Singer Oil Company LLC v. Newfield Exploration Midcontinent Inc., et al., CIV-16-768, W.D. Okla.).

Debt Collector Ordered To Turn Over Call Records To Plaintiff In TCPA Class Suit
CLEVELAND - Despite a previous finding by the court that a discovery request was unduly burdensome, a debt collector accused of placing auto calls to nonconsenting recipients must now turn over call records to the plaintiff after its own employee stated that it was possible to create a program to identify "wrong number" calls, an Ohio federal judge ruled April 13 (Deborah Meredith v. United Collection Bureau, Inc., No. 16-1102, N.D. Ohio, 2017 U.S. Dist. LEXIS 56783).

Reinsured Says Documents Sought By Reinsurer Have Nothing To Do With Case
BOSTON - An insurer told a federal court in Massachusetts on April 10 that the records sought by its reinsurer are irrelevant to the instant case and that by seeking these documents, the reinsurer is ignoring the tenets of the follow-the-settlements doctrine (Lamorak Insurance Company v. Everest Reinsurance Co., No. 15-cv-13425, D. Mass.).

Insurer Says It Has Complied With Reinsurer's Request For Docs About Asbestos Coverage
SYRACUSE, N.Y. - In response to a reinsurer's request for documents concerning primary and umbrella policies at issue in asbestos coverage dispute, an insurer argues to a New York federal court in an April 7 brief that it has provided admissions, denials, responses and objections regarding the documents (Utica Mutual Insurance Co. v. R&Q Reinsurance Co., No. 15-cv-270, N.D. N.Y.).

Judge Addresses Discovery On Documents Related To Reinsurance Agreement
LINCOLN, Neb. - A Nebraska federal judge on March 31 granted and denied in part a motion to compel information and documents concerning a reinsurance agreement and the relationship between a note and the reinsurance agreement (Applied Underwriters Inc. v. Top's Personnel Inc., No. 15CV90, D. Neb., 2017 U.S. Dist. LEXIS 49135).

Federal Magistrate Compels Insurer To Provide Notices With Co-Insurers, Reinsurers
CHICAGO - An insurer is compelled to provide notices with its co-insurers and reinsurers under a 1990 insurance policy, an Illinois federal judge ruled March 30, because the notices might reveal admissions from the insurer about the availability of coverage toward the settlement of lawsuits over the use of contaminated blood products (Baxter International Inc. v. AXA Versicherung, No. 11-cv-09131, N.D. Ill., 2017 U.S. Dist. LEXIS 48607).

Judge Orders Response From Blue Cross To Tribe's ERISA Document Request
BAY CITY, Mich. - A Michigan federal judge on April 13 directed an Indian tribe's health care plan administrator to respond to the tribe's request to file four sealed summary judgment documents on the public record in the tribe's lawsuit alleging violations of the Employee Retirement Income Security Act (Saginaw Chippewa Indian Tribe of Michigan, et al. v. Blue Cross Blue Shield of Michigan, No. 1:16-cv-10317, E.D. Mich., 2017 U.S. Dist. LEXIS 56562).

Federal Judge Grants Eddie Bauer Employee's Request For Class Discovery
SAN JOSE, Calif. - A California federal judge on April 11 granted a request by a former retail employee who asserts violations of California's unfair competition law (UCL) and labor code for the contact information of all employees of Eddie Bauer LLC that fall within the scope of her proposed class action, finding that the information was necessary to the class (Stephanie Heredia v. Eddie Bauer, LLC, No. 16-cv-06236, N.D. Calif., 2017 U.S. Dist. LEXIS 54709).

Plaintiffs' Discovery Request In Glyphosate MDL Is 'Unjustified,' Monsanto Says
SAN FRANCISCO - Monsanto Co. on May 5 filed a brief in the U.S. District Court for the Northern District of California arguing that it should deny the discovery request of a group of plaintiffs who sued the company as part of multidistrict litigation in which they allege that Monsanto is liable for their injuries from exposure to glyphosate, the active ingredient in the herbicide Roundup. Monsanto argues that the plaintiffs' attempt to delay discovery is "unjustified" and amounts to "gamesmanship" (In re: Roundup Products Liability Litigation, No. 2741 MDL, N.D. Calif.).