Pooh heirs v. Disney: now we are dismissed
“The Walt Disney Company prevailed on Monday in a 13-year legal dispute over royalties related to its Winnie the Pooh franchise when a judge dismissed the case, contending the plaintiff altered...
View ArticleSpoliation at the U.P. line
“In one recent 18-month period, seven federal and state courts imposed sanctions on Union Pacific, the nation’s biggest railroad, for destroying or failing to preserve evidence in crossing accidents,...
View ArticleDecember 14 roundup
This tale of a class-action settlement over male, uh, enhancement products sure looks like a parody, and yet…. Please let it be a parody [Magill/DirectMag, Levine/CircleID, LEMSettlement.com] Big law...
View ArticleStories that shouldn’t get away, part II
Three cases of catastrophic injury to children, three defendants asked to pay:Freak accident in school parking lot “foreseeable”. According to a Los Angeles jury, it was reasonably foreseeable that an...
View Article“People want to find out what the other person is Googling”
And so the divorce case winds up generating massive demands for hard drive contents and other electronic discovery. Draconian spoliation sanctions, as exemplified in the Morgan Stanley-Perelman and...
View Article“Everyone’s so damn afraid of coming forward”
– against patent trolls. But Kevin O’Connor, CEO of a startup named FindTheBest, went ahead and did so [Joe Mullin, Ars Technica] Exploding and escalating-on-response demands, threats of criminal...
View ArticleFinally! Serious movement for discovery reform
“Microsoft is legally obligated to store an average of 60 million pages of documents for every lawsuit brought against it, even though only 88 of those will end up being used in court.” [Jacob...
View ArticleIRS scandal: the dog wiped their emails, cont’d
I’ve got an update on the fast-developing scandal of evidence destruction at the IRS in my new Cato post (earlier). If not for reading Kim Strassel and her colleagues at the Wall Street Journal, I...
View Article“Litigation holds aren’t sexy”
That’s putting it mildly. But issues like litigation holds and charges of spoliation, and discovery generally, are where much of the action is in mass torts. Beck explains at Drug and Device Law. Tweet...
View ArticleDestruction of fish = Sarbox violation?
The Supreme Court hears oral argument in the Yates v. U.S. case [WLF, ABA Journal, Daniel Fisher, earlier] Best line from a brief, via @ToddRuger: “More specifically, a false entry cannot be made in a...
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