Tag Archives: discovery

Chancery Instructs on Best Practice for Motion to Compel and Need to be Forthcoming with Document Production

Alexandra D. Rogin, an Eckert Seamans associate, prepared this overview. In a recent transcript ruling in the case styled Doctors Pathology Servs., PA v. Gerges, C.A. No. 11457-CB, transcript (Del. Ch. Feb, 15, 2017), Chancellor Bouchard provides additional guidance to attorneys seeking to file motions to compel discovery in the Delaware Court of Chancery.  This ruling … Continue Reading

Court of Chancery Addresses Discovery Conduct

The Court of Chancery recently reiterated its expectations of Delaware discovery conduct at a hearing in Medicalgorithmics S.A. v. AMI Monitoring, Inc., C.A. No. 10948-CB (Transcript).  Notable among the Court’s comments at the hearing were: The Court stressed the importance of attorney review of documents before production, saying that, absent a “quick-peek” agreement, attorney involvement should … Continue Reading

Chancery Penalizes Obstruction in Efforts to Take Deposition

Cartanza v. Cartanza, C.A. No. 7618-VCP (Del. Ch. April 16, 2013). Issue Addressed:  Whether attorneys’ fees should be awarded due to defense counsel obstructing the efforts of opposing counsel to depose his client. Short Answer: Yes. Brief Overview This letter ruling is a useful tool for the toolbox of any litigator.  In essence, defense counsel … Continue Reading

Key Corporate and Commercial Decisions in the 2nd and 3rd Quarters of 2012

Key corporate and commercial decisions that we have highlighted, with commentary, over the last few months (roughly the 2nd and 3rd quarters of 2012), are compiled at the hyperlinks below for the convenience of our readers. Supreme Court Upholds $2 Billion Judgment and $300 Million Fee Award LP Member Protected from Self-Interested Transaction by Terms of LP Agreement … Continue Reading

Chancery Rules on Motion to Compel Discovery

Ross Holding and Management Company v. Advance Realty Group LLC, C.A. No. 4113-VCN (Del. Ch. Sept. 29, 2011). Read opinion here. Issue Addressed: This short letter ruling granted in part a motion to compel unredacted tax returns and related documents.  The requested documents related to a claim by the plaintiff that the defendants liquidated, or … Continue Reading

Chancery Court Rejects Request for Fees and Costs Despite Granting Second Motion to Compel Discovery Against eBay

eBay Domestic Holdings, Inc. v. Newmark, No. 3705-CC (Del. Ch. Oct. 29, 2009), read opinion here. See prior Chancery Court decisions in this case summarized here and here.  This letter decision rules on a Motion to Compel discovery responses and continuations of depositions. Background and Prior Order There were six separate aspects of the Motion to Compel, … Continue Reading

Limited Discovery Allowed For Objectors to Class Action Settlement

In the Chancery Court case of In re Countrywide Corp. S’hldrs Litig., 2008 WL 4173839 (Del. Ch., Sept. 10, 2008), the objectors to a proposed class action settlement were allowed limited discovery. One of the arguments of the objectors was that the directors that may have been personally liable on the derivative claims had personal motives … Continue Reading

Supreme Court Upholds Dismissal As Penalty for Failure to Comply with Discovery

In Hoag v. Amex Insurance Company, (Del. Supr., July 21, 2008), read opinion here, the Delaware Supreme Court upheld the trial court’s imposition of the penalty of dismissal of a complaint against a plaintiff that failed repeatedly to comply with orders compelling discovery of data that was key to the claims and defenses in the case. … Continue Reading