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Article • May 15, 2007
Suit Can Be Settled Before Class is Certified by Most federal courts have held that a suit filed as a class action should be treated as one for purposes of settlement or dismissal, even though the class has not been certified, until it is determined that class certification is not …
Article • May 15, 2007
Filed under: Civil Procedure, Parties
Leave to Amend Denied in NY Retaliation Suit by The plaintiff sought to amend his complaint to add 20 new defendants and numerous new incidents at a different prison from the actions complained of in his first complaint, and he did so shortly before the deadlines for completing discovery and …
Article • May 15, 2007
Requesting Party May Be Required to Pay Discovery Copying Costs by An African-American state trooper alleged employment discrimination. The magistrate judge should not have required defendants to produce photocopies of five years worth of personnel files of other officers; it was sufficient to produce two years' worth for review. Rule …
Article • May 15, 2007
Police Investigative Records Ordered Disclosed in Suit by The plaintiff is entitled to discovery of police internal investigative records and the defendant's personnel file, subject to a protective order and redacting medical information, social security numbers, home addresses, and home telephone numbers. The court holds that the question is one …
Article • May 15, 2007
Filed under: Civil Procedure, Discovery
Failure to Timely Object Waives Discovery Objection by Failure to object timely to discovery requests may result in waiver of the objection, though courts should avoid "hair-trigger" findings of waiver. Rule 34 should be read like Rule 33 in this respect despite the lack of explicit provision for waiver. At …
Article • May 15, 2007
Filed under: Civil Procedure, Discovery
Interrogatory Limit Increases by In measuring compliance with the 25-interrogatory limit of Rule 33(a), Fed.R.Civ.P., subparts should count as separate interrogatories if they seek information about discrete subjects, but questions about communications of a particular type should be treated as a single interrogatory even if it requests that time, place, …
Article • May 15, 2007
Expert Witness Can Change Opinion At Any Time by The court allows a supplementary report by plaintiffs' expert in a RICO case based on misrepresentations about the effects of tobacco "to accommodate the scientific process seeking truth" (486) even though it was submitted during the trial only a few days …
$1 Awarded To Utah Prisoner After Untimely Appeal Fails by Former Utah pre trial detainee Charles Farnsworth filed a Federal civil rights complaint against Salt Lake County Sheriff Aaron Kennard, the Salt Lake County Jail, and Salt Lake County Jail Captain David Glad, alleging denial of his First Amendment rights …
Article • May 15, 2007
$1,660,000 Verdict for False Arrest by New York City Police Officer Sammy Gaurd was about to place a parking ticket on John McLaughlin's vehicle, when McLaughlin, who was a city meter operator, got into a verbal dispute with Gaurd, calling him an idiot. Gaurd then assaulted McLaughlin and arrested him …
Article • May 15, 2007
$70,000 Verdict in Georgia Prisoner's Assault by Guards by After he was escorted to his cell for disciplinary segregation, Georgia prisoner Ernest D. Johnson was beat unconscious by guards Brian Breeden and Sgt. Rudolph Gomez. Once inside the cell, the guards attacked Johnson. They choked, stomped, and struck him with …
Article • May 15, 2007
Offer of Judgment Must Include Attorney Fees by The plaintiff filed a class action against a collection agency and the defendant served an offer of judgment for the maximum amount that the plaintiff could recover, plus $500 for attorneys' fees and costs. The offer of judgment to the named plaintiff …
Article • May 15, 2007
Class Certified in CT Syringe Exchange Search Suit by The plaintiffs challenged a police practice of searching and arresting persons who participated in the Bridgeport Syringe Exchange Program, and moved for class certification. At 331: Numerosity "'is presumed at a level of 40 members' of a putative class." Exact class …
Article • May 15, 2007
Class Action With 30-40 Members Certified by The court certifies a class in a case alleging racial discrimination in housing based on census data and various calculations and assumptions suggesting that there are 30 to 40 potential class members---i.e., African Americans who have been racially steered by a particular company. …
Sex Offender Treatment Records Not Subject to Discovery by The plaintiff was raped in a McDonald's parking lot and sued the company. The rapist is now in prison and receiving mental health treatment, and the victim is seeking his prison mental health records. Under state law (the case being a …
Police Misconduct Reports Must be Disclosed in Discovery by The plaintiff complained of excessive force by the police and sought information about internal investigations. State law exempting internal investigative and other files from disclosure does not govern privilege issues in federal claim cases. The court directs production of the date …
CA Peer Review Records Not Privileged in Jail Death Suit by The decedent died in jail after making repeated complaints of abdominal pain. He was diagnosed after his third complaint with gastroenteritis and prescribed palliatives; nine days later he died of peritonitis due to idiopathic perforation of the descended colon. …
Article • May 15, 2007
Time Limit for Service Extended in Immigration Suit by The plaintiff immigration detainee did not serve the defendants properly because her attorneys did not understand the service rules. That is not good cause to extend the time for service. However, the court has discretion to extend the time for service …
Article • May 15, 2007
Attorney Misconduct at Depositions by Defense counsel engaged in misconduct at depositions by improperly "interpreting" questions for the witnesses, coaching them as to how to answer, engaging in lengthy speaking objections and colloquies, conferred with his witnesses during questioning, and left the room with a deponent while questions were pending. …
Article • May 15, 2007
HCQIA No Bar to Discovery of Peer Review Reports by The Health Care Quality Improvement Act "does not create an inviolate bar to discovery of materials relating to peer review committees." (438) The court grants plaintiff's motion to compel, along with a protective order. The complaint alleges that the peer …
Article • May 15, 2007
Class Certification Discussed by Plaintiffs alleged that delays in informing them of adverse actions on Medicaid coverage claims violated federal and state statutes and the Due Process Clause. The court certifies a class over the defendants' objection based on the Galvan "necessity doctrine" that government can be expected to apply …
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