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Tag Archives: discovery

Tort/Negligence – Misappropriation of Proprietary Confidential Information – Damages — Labor & Employment – Breach of Contract – Non-Disclosure Clause – Civil Practice – Evidence — Discovery (access required)

Edgewater Services, Inc. v. Epic Logistics, Inc. Evidence tracking 10 common customers, showing the decline in the corporate plaintiff’s profits and the concomitant climb in the corporate defendant’s profits, was sufficient to support the jury’s award of damages equal to the change in profits. We affirm judgment for plaintiffs in the amount of $70,001.

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Civil Practice – Appeals – Time for Filing – Rule 59 – Grounds – Discovery – Request for Admissions – Central Issue (access required)

Diversified Financial Services, LLC v. F & F Excavating & Paving, Inc. Defendants timely filed a N.C. R. Civ. P. 59 motion for relief from summary judgment, but the only ground stated in support of the Rule 59 motion was a request for a change in N.C. law. Since this is not one of the grounds set out in Rule 59, defendants’ Rule 59 motion did not toll the time for appealing the summary judgment order. Defendants’ appeal of the summary judgment order is dismissed. As to defendants’ appeal of the denial of their Rule 59 motion, we affirm.

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“Egregious” effort to hide documents leads to dismissal of case (access required)

The end of October was approaching, and South Carolina Business Court Judge Edward R. Miller had had enough. One month before the trial in Eastern Business Forms v. Bradley F. Davin was scheduled to begin, and after 41 months of incessant battling among attorneys — including 10 separate hearings about a discovery dispute, the use of a forensic computer expert and two hearings on a motion for sanctions — Miller resorted to an oft-threatened but rarely imposed sanction: He dismissed a complaint with prejudice because of the plaintiff’s discovery abuses. “This case involves the longest and most excruciating discovery dispute ever encountered by this Court,” Miller wrote in his Oct. 25 order. “The squandering of large amounts of time, money and energy could have been avoided if EBF had properly responded to basic discovery requests.”

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Domestic Relations – Equitable Distribution – Civil Practice – Discovery – Sanctions — Contempt (access required)

Ross v. Ross The plaintiff-husband was ordered to respond to the defendant-wife’s discovery requests, but he responded that information about the Emerald Isle property at issue was “proprietary” and would be revealed in court at the equitable distribution hearing “when necessary.” He also claimed he could not produce financing information about the property because his former attorneys had not returned such information to him.

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Civil Practice – Discovery – Document Production – Form & Organization – Attorney-Client Privilege (access required)

Morris v. Scenera Research, LLC Even though – before this case was remanded from federal court to state court – the parties agreed as to the form and organization of the production of documents in discovery, defendant’s actual production has left plaintiff unable to determine the source of many of the documents produced. Defendant is directed to provide a report to the court as to whether it can provide plaintiff with information that correlates its document production to the source from which files were taken.

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Civil Practice – Discovery – Attorney-Client Privilege – Blanket Objection – First Impression – Appeals – Interlocutory (access required)

K2 Asia Ventures v. Trota When responding to a discovery request, a blanket objection based on attorney-client privilege or work product immunity to all of the opposing parties’ discovery requests is inadequate to accomplish its intended purpose and does not establish a substantial right to an immediate appeal. The Philippine defendants’ appeal is dismissed. The trial court’s order compelling discovery from the Krispy Kreme Doughnut (KKD) defendants is affirmed.

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Civil Practice – Discovery – Document Production – Form & Organization – Attorney-Client Privilege (access required)

Morris v. Scenera Research, LLC Even though - before this case was remanded from federal court to state court - the parties agreed as to the form and organization of the production of documents in discovery, defendant’s actual production has left plaintiff unable to determine the source of many of the documents produced. Defendant is directed to provide a report to the court as to whether it can provide plaintiff with information that correlates its document production to the source from which files were taken.

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Tort/Negligence – Medical Malpractice – Civil Practice – Discovery – Physician-Patient Privilege – Surgeon’s Neuropathy (access required)

Nicholson v. Thom Although the defendant-surgeon contends that her left-hand brachial plexus neuropathy is the result of an injury that occurred more than a month after she operated on plaintiff’s decedent, the trial court did not abuse its discretion in requiring the surgeon to produce records relating to her neuropathy, sealed and only to be reviewed by plaintiff’s counsel. We affirm the trial court’s discovery order.

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Civil Practice – Discovery – Rule 35 – Psychiatric Exam – Sexual Harassment Claim – Specific Diagnoses (access required)

Walton v. North Carolina Department of Agriculture. (Lawyers Weekly No. 11-02-0329, 8 pp.) (Louise W. Flanagan, Ch.J.) E.D.N.C. Holding: Even though plaintiff’s emotional distress claims have been dismissed, her psychiatric status is relevant to her remaining Title VII sexual harassment ...

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