Skilling reports to prison Oct 3, 2008
-- The jury should not have been instructed that Skilling could be found guilty if he was ''deliberately indifferent" to wrongdoing. -- Jurors in the trial were biased because of unfair media coverage in Houston and the widespread impact of Enron's bankruptcy on the community. -- Prosecutors denied the defense access to witnesses and made pretrial discovery difficult. The misuse of the "honest services" argument was supported by the 5th Circuit's decision earlier this year to throw out charges... (Yahoo News -- Enron)
Vioxx Settlement Judge Caps Legal Fees at 32 Percent Aug 28, 2008
A much smaller group of law firms that pulled together thousands of documents under a pretrial discovery process that Fallon coordinated will receive additional fees above the 32 percent. But the judge stressed that those extra amounts, still to be determined, will come from the other attorneys -- not from the claimants. (Law.com)
NCAA could be closing in on Bush Aug 2, 2008
She also urged both sides to get the case moving and overcome their ongoing bickering over pretrial discovery issues. If they don't, she said she would bring in a private mediator to referee the case, which would cost roughly $200 to $800 an hour to be split by both sides. (San Diego Union-Tribune -- Sports)
Federal Judge: Prima Facie Claim Not Needed for Punitive Damages Discovery Jul 31, 2008
The defense team cited several cases which, they argued, held that "pretrial discovery of the financial status of defendants is prohibited absent a bona fide claim for punitive damages." ... Instead, Munley said, the courts have consistently held that "when punitive damages are alleged, the weight of authority requires that a defendant disclose his financial condition in pretrial discovery without requiring a prima facie showing of punitive damages to justify discovery.". (Law.com)
2nd Circuit Certifies Issue of Attorney Deceit Jul 16, 2008
The Appellate Division reversed because of open questions in the litigation and, after pretrial discovery was begun anew, Gammerman again dismissed the case. The Amalfitanos sued Rosenberg in federal court, where Southern District of New York Judge Naomi Reice Buchwald concluded after a four-day bench trial that Rosenberg had engaged in "a persistent pattern of unethical behavior" in the Costalas litigation. (Law.com)
Tarpley Murder Trial Resumes Jun 20, 2008
Public Defender Rachel Caputo had asked the judge to grant a mistrial because the identity of the medical examiner , Dr. Melissa Sims, and what her testimony may entail was not included in pretrial discovery. A discovery conference is a legal proceeding in civil and criminal cases which state law requires attorneys on both sides to share all information they plan to use during the trial. (Dublin Courier Herald, GA)
* Court to hear challenge on 9/11 roundups Jun 18, 2008
That was sufficient to permit Iqbals lawyers to proceed to pretrial discovery to establish the facts, Judge Jon Newman wrote for the appeals court. The governments appeal maintains that the case against the two high officials should have been dismissed because it was based on nothing but bare and conclusory allegations and lacked evidence that the two condoned or even knew about the treatment Iqbal alleges to have occurred. (Taipei Times, Taiwan -- World)
Gitmo war crimes court back in session Jun 18, 2008
Khadr is expected to appear in court Wednesday for a hearing on a series of legal motions dealing with such things as pretrial discovery. The prosecution has been pushing to set a trial date for the Canadian, who is accused of throwing a grenade that killed Army Sgt. 1st Class Christopher Speer of Albuquerque, New Mexico, during a firefight in Afghanistan in 2002. (USA Today)
The Thursday Inside Scoop Jun 6, 2008
" the guy at the dealership asked. So I did. And it was great. And I felt great. And when he ran my credit and crunched the numbers, he came back and told me what I wanted to hear, that I could afford it and that I owed it to myself to go for it, and if I still wasn't sure I could take the car off the lot for the day and see how much I liked it.So I took the BMW.And man, I loved that BMW.And when it came time to make a decision -- keep it or turn the keys back over -- I decided to keep it... (Oregon Sports -- Rivals.com)
Accuser's deposition still iffy in Bush case Jun 3, 2008
This time, Lake's attorney has threatened to delay his client's much-anticipated deposition scheduled for this week unless Bush and his family provide more written answers and documentation as part of the pretrial discovery process. If Lake's deposition doesn't happen Thursday and Friday, it will mark the third time Lake hasn't shown up for or walked out of a scheduled deposition. (San Diego Union-Tribune -- Sports)
Brawl over Barbie doll is heading to trial May 24, 2008
An undated internal Mattel file, which turned up in pretrial discovery, contains detailed information on Mr. Larian's personal life, including the ages of his children and his mother's home address ... The pretrial discovery also revealed that Mattel had investigated one of its own executives. (AZCentral -- News)
Government warns Ford owners about recalled vehicles Mar 1, 2008
Last week, Ford was able to consolidate 77 lawsuits filed in Texas so a single judge can handle pretrial discovery. Ford has said its internal investigations have found the fires did not cause deaths and injuries. (USA Today -- Autos)
Rx for errors Feb 15, 2008
She wrote that lawyers for Jones' family were entitled to the information for purposes of pretrial discovery, "but not for purposes of making a publicity 'splash' against the defendant.". A typical settlement includes boilerplate language such as this: Terms are "confidential and are not to be publicized, revealed, disclosed or discussed directly or indirectly with any representative of the print or electronic media, or to any professional or trade publication or organization.". (USA Today -- Money)
Speed, volume can trigger pharmacy errors Feb 13, 2008
Pretrial discovery in the Jones case showed the Springfield, Tenn. pharmacy where the errors began was busy: Trey's prescription was among 477 filled by two pharmacists on Sept. 30, 2004. (USA Today -- Money)
Woman wins lawsuit against drug dealer Jan 12, 2008
When Mr. Davey refused to reveal the name of his supplier during the pretrial discovery process - and faced the threat of a contempt-of-court charge - he consented to have his statement of defence struck, effectively admitting his liability and handing victory to Ms. Bergen. Another hearing will be held to determine how much she will be awarded in damages. (Globe and Mail)
Judge leaning toward OKing Rathers case Jan 10, 2008
The judge did not issue a final ruling on CBS motion, but he suggested the parties try to agree on the scope of pretrial discovery just in case and told them to return to court Jan. 23 for a conference. advertisement. (MSNBC -- News)
Judge allows Rather's suit vs. CBS to proceed Jan 10, 2008
The judge did not issue a final ruling on CBSmotion, but suggested the parties try to agree on the scope of pretrial discovery just in case and told them to return to court Jan. 23 for a conference. Rather, 75, whose last months at CBS were clouded by a disputed story on President Bush's Vietnam-era military service, says his employers made him a "scapegoat" to placate the White House after questions arose about the story. (Xinhuanet, China)
Tips for HR personnel in hot seat ... witness box Dec 20, 2007
Pretrial discovery can be very good. Even if you feel offended by the lawsuit -- say, because the fired employee was stupid and deserved to be let go -- be as dispassionate as possible. (Fresno Bee -- Business)
Brookfield police says they’ll still deny access to some files Dec 9, 2007
The Brookfield assistant chief wrote that allowing such a release of information by law enforcement agencies makes a sham of state statutes on pretrial discovery and could give defense lawyers a tactical advantage over a prosecutor who has not yet examined the police reports. Robert Dreps, a Madison attorney who has worked with several Wisconsin newspapers on open records issues, said Burke s advice to the city is not legally binding. (Winona Daily News, MN)
Merck reaches settlement for $4.85 billion over Vioxx Nov 11, 2007
Also, all law firms involved in the steering committees directing pretrial discovery and other coordination of both state and federal cases must get every one of their clients to settle. Payments would vary, depending on severity of injuries, length of time that Vioxx was used and each person s risk factors for cardiovascular disease. (Coos Bay-North Bend The World, OR)
Alleged secrets put biker trial on hold Nov 5, 2007
I think it s simply a shame that these guys are sitting there as long as they are as this pretrial discovery process grinds on, Van Norman said in an interview. Let s hope that because the state Supreme Court has taken this appeal on an expedited basis, that the decision will also be expedited. (Rapid City Journal, SD)
Officials say more school aid needed Oct 27, 2007
Attorneys have been gleaning testimony from witnesses in pretrial discovery since summer. "We've reached an agreement with the state where we can argue of behalf of 10 to 15 diverse 'focus' districts and present evidence on problems that exist," Abdallah said. (Rapid City Journal, SD)
Qualcomm Lawyers Late to Search Laptop Oct 10, 2007
"I suspect Broadcom was focused on other things," he said, adding that his client, Patch, was not involved in pretrial discovery issues. Day Casebeer associate Kevin Leung asserted in his declaration that earlier searches of related documents -- as well as an earlier Raveendran deposition -- gave him no reason to believe searches of her e-mail archives were warranted. (Law.com)
Ed Jew's Lawyer Wants Out Oct 4, 2007
Fazio said the case involves over 9,000 pages of pretrial discovery information and called it "a tremendous amount of work.". "I don't think I've ever had a case in 30 years of practice that has involved 9,000 pages of discovery," Fazio said. (San Francisco Chronicle -- Crime)
Self-Deposition Bid Rejected Despite Alleged Russian Peril Oct 3, 2007
But Magistrate Judge Michael H. Dolinger, who is presiding over the pretrial discovery in In re Omnicom Group Secs. Litig. (Law.com)
Duke Lacrosse Prosecutor Pleads Innocent Aug 31, 2007
Nifong turned over all the information during the pretrial discovery phase in his case against three Duke lacrosse players, said his attorney, Jim Glover ... Mike Nifong turned over all the information during the pretrial discovery phase in his case against three Duke lacrosse players. (CBS2Chicago.com, IL)
DA in discredited Duke rape case pleads not guilty Aug 31, 2007
Nifong turned over all the information during the pretrial discovery phase in his case against three Duke lacrosse players, said his attorney, Jim Glover. And when he told a judge the defense had all the DNA test results, it was a mistake -- but little more than an oversight. (ESPN -- College Sports)
Gardner's fall from grace at Peregrine Aug 27, 2007
It also was clear that federal investigators scrutinized Moores' role at Peregrine, defense lawyers said, because the government provided reams of Moores-related documents during the pretrial discovery phase of the case. Gardner never backed away from the ambitious goals that he set for Peregrine's financial performance, even though his demands to increase software sales every quarter only compounded his pressures. (San Diego Union-Tribune)
Federal appeals court refuses to dismiss unions' lawsuit against Rowland, his former budget director Jul 12, 2007
He added that that further pretrial discovery proceedings were required to determine whether "legislative immunity," which protects officials from liability to anyone injured by actions taken during the exercise of official duties, would bar claims for injunctive relief. The judge, however, also said "sovereign immunity" didn't prohibit the unions' claims for injunctive relief. (Journal Inquirer, CT)
A lawsuit without merit Jun 27, 2007
And pretrial discovery -- the evidence being gathered through subpoenas and depositions -- was proving it. For example, the Islamic Society claimed that publicity about its leaders' ties to Islamist extremism had "been devastating" to the organization's fund-raising. (Boston Globe)
Qualcomm trial errors pointed out Jun 26, 2007
He explained how the San Diego company had failed to turn over 46,610 documents, totaling 332,101 pages, to Broadcom in the pretrial discovery phase and how Qualcomm had introduced misstatements of fact into the trial. It's not intentional, he said. (San Diego Union-Tribune -- Business)
Supreme Court Makes It Harder for Private Plaintiffs to Sue Companies for Antitrust Violations May 22, 2007
"The transparent policy concern that drives the decision," wrote Stevens, "is the interest in protecting antitrust defendants -- who in this case are some of the wealthiest corporations in our economy -- from the burdens of pretrial discovery.". . (Law.com)
E-mails cited in insurance lawsuit Apr 12, 2007
Zach Scruggs, who is part of a legal team that sued State Farm on behalf of hundreds of homeowners, said Forensic turned over the e-mails as part of the pretrial discovery process for one of the lawsuits. The e-mails "confirm everything that we have always suspected," Mr. Scruggs said. (Washington Times, DC)
RONALD D. JACOBSMA: The full story on river restoration Apr 4, 2007
The Friant Water Users Authority, representing San Joaquin Valley farmers, commissioned two economic studies as part of pretrial discovery on the San Joaquin River litigation. The initial report provided anticipated economic impacts of an adverse court ruling for fish flows. (Fresno Bee -- Opinion)
Imams narrow target of 'Does' Mar 31, 2007
"There is no way Mr. Mohammedi can possibly determine whether the John Does 'knowingly made false reports' against his clients 'with the intent to discriminate against them' without taking their testimony under oath, at least during pretrial discovery," Mr. Hasson said. "That prospect alone, of being dragged into court proceedings, will certainly provide a great disincentive for other citizens to come forward with their own suspicions," he said. (Washington Times)
Accounting for Crime Mar 11, 2007
In lawsuits, pretrial discovery eases the job of determining what went wrong, who bears responsibility--and how to prevent future misconduct. Besides, the government can file relatively few cases, while private shareholders can sue a swindler whenever they feel wronged. (Time.com)
New research finds some brain functions actually improve with age Feb 18, 2007
In complex business litigation, he says, where pretrial discovery can yield enough documents to fill a warehouse, "a lawyer must be able to sort the wheat from the chaff, to take all these facts and extract only those that support winning themes. A senior lawyer is in the best position to do that, and to have the courage to discard facts, even those on your side, that will only distract the court or the jury.". "Some things you just need to grind into your system for many years until they become... (The Standard-Times, MA)
Hatfill's lawyer: Times editor warned columnist on anthrax piece Jan 7, 2007
The editor's warning to Kristof was voiced in an e-mail that was uncovered during the extensive pretrial discovery process, said Mark Grannis, one of Hatfill's lawyers. The accusation came as a federal judge again heard arguments on whether to dismiss the lawsuit. (Newsday -- Long Island)
Lilly's top moneymaker has also been a big headache Jan 5, 2007
"Hilgers added that cases in which drug companies are accused of failing to disclose side effects or risks of treatments can be difficult to defend in front of a jury, particularly if the accusations involve injury or death.In recent weeks, The New York Times has published several stories, based on internal Lilly documents turned over to plaintiffs' lawyers in pretrial discovery, that it said showed Lilly provided information to doctors about the blood-sugar risks of Zyprexa that contradicted... (Indianapolis Star)
