We’ve repeatedly advocated that defendants try turn the e-discovery tables on plaintiffs whenever possible – particularly in MDLs where discovery is flagrantly one-sided – by going after plaintiffs’ social media information.  In just about every case involving allegations of personal injuries, social media will have admissions by plaintiffs concerning their conditions and activities that concern

The next line of the song goes . . . But if you try sometimes you might find, You get what you need.  We like the line.  We like the song.  We like The Stones.  Maybe the Federal Rules Advisory Committee was listening to the tune in 2015 when it decided proportionality needed to be

We’re writing a quick-hit post today on a topic that comes up often in medical device litigation, but rarely results in a court order—what happens when the plaintiffs want an “exemplar” medical device?  How do they get one and who pays for it?

We’re not talking here about the medical device that was actually used

Have you ever left a deposition feeling confident that you obtained the testimony you hoped to receive, and it’s time to move for summary judgment?  Then (whether within the time period permitted by the relevant rule – in federal court Fed. R. Civ. P. 30(e)(1) – or otherwise) you get back a so-called “errata sheet”

Defendants in prescription medical product liability litigation are at an inherent disadvantage in discovery already.  Our clients have lots and lots of electronically stored information and old-fashioned paper documents.  Plaintiffs . . . not so much.  With our opponents having many categories of information to choose from, we think that it’s not that much to

We last reviewed the case law on predictive coding (also called “technology assisted review” (“TAR”)), about 2 ½ years ago.  Back then, we concluded:

The case law has exploded.  Where only a handful of cases existed back then [2012], now we find dozens.  Substantively, we’re happy to report that courts don’t seem to have anything

In a classic case of overreaching, plaintiffs in the In re Abilify MDL, sought sanctions against the defendant for not preserving emails dating between 2002 and 2006 – more than a decade before the start of the litigation. We have a hard time even contemplating what a duty to preserve that covered those emails would