Today, the discovery of information in most litigation involves large amounts of digital documents and data. Corporate counsel goes through a painful hand wringing ritual every time they think about data preservation versus spoliation versus data destruction. You can hear the pain flow down from the corporate inner wards every […]
Search Results: discovery
Spoliation of evidence has been defined by the courts as “the destruction or significant alteration of evidence, or the failure to preserve property for another’s use as evidence in pending or reasonably foreseeable litigation.” The concept behind this word defies one of the basic tenants in our legal system – […]
Plaintiffs’ lawyers handling thousands of transvaginal mesh cases filed in West Virginia have proven their contention that Johnson & Johnson (J&J) mishandled thousands of documents necessary for the pending litigation. Now what? Cheryl Eifert, a U.S. Magistrate judge from Charleston, W.V. ruled this week that the healthcare giant improperly lost […]
The start of 2014 has seen some very significant developments in the national Biomet metal-on-metal hip implant litigation. Perhaps the most significant development though is Biomet’s offering, and the court’s acceptance, of a settlement for claimants who have undergone revision surgeries. On February 3, 2014, Judge Miller entered an order […]
C.R. Bard, one of six makers of transvaginal mesh, wants to recoup the cost of preparing for a trial that was dropped by the plaintiff shortly before it was to begin. The Linda Rizzo product liability case was scheduled for October 8 as one of the bellwether cases against each […]
The Judicial Panel on Multidistrict Litigation (JPML) has just created a new MDL (multidistrict litigation) proceeding in the Eastern District of Pennsylvania. This new MDL has been formed in order to centralize the various state court claims alleging that Effexor, the serotonin and norepinephrine reuptake inhibitor antidepressant causes birth defects […]
Each time, it seems auto manufacturers claim they didn’t know… and then it turns out that they did. Every time, it seems, federal enforcers such as the National Highway Traffic Safety Administration drop the ball, incapable of acting until people die, long after safety violations are first reported. It makes […]
University of California, Berkeley researchers have developed a tool to look into the world of bacteria that causes chronic infection in patients and the protective mechanism that makes some immune to antibiotic treatment. Biofilm forms as a reaction to the introduction of bacteria. Using super-resolution light microscopy, which has ten times […]
The national litigation efforts in state and federal court involving Wright Medical’s defective metal-on-metal hip implant products ( Conserve®,Dynasty®, Profemur® and the Lineage®) have been proceeding well over the past few months with additional progress expected through the end of 2013. The coordinated litigation efforts in both the federal Multi-District Litigation (MDL) […]
In the case relating to the Biomet Hip Implant Litigation (In Re Biomet M2a Magnum Hip Implant ProductsLiability Litigation). The case involves over 19 million documents and is a great example for why plaintiffs must get involved early in document discovery. The defendants applied a combination of keyword searches and […]
