A recent bench ruling from the Court of Chancery granted a motion to compel production of documents improperly withheld as privileged–and in the process ordered that privilege was waived due to the deficient preparation of the privilege log. See Mountain West Series of Lockton Companies, LLC v. Alliant Insurance Services, Inc., C.A. No. 2019-0226-JTL
motion to compel
Chancery Instructs on Best Practice for Motion to Compel and Need to be Forthcoming with Document Production
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…
Award of Fees Upheld; Motion for Reargument Denied
Cartanza v. Cartanza, C.A. No. 7618-VCP (Del. Ch. July 8, 2013).
Bottom line: This short letter ruling amplified the reasoning in the court’s prior decision in this case, highlighted here, in which the court awarded fees in connection with a motion to compel a deposition. The point of this short post is…
Chancery Addresses Attorney/Client Privilege and Work Product Doctrine
JPMorgan Chase & Co. v. American Century Companies, Inc., C.A. No. 6875-VCN (Del. Ch. April 18, 2013).
Issue Addressed: Whether the attorney/client privilege and work product doctrine were defenses to a motion to compel?
Short Answer: Yes in part and no in part.
Brief Overview
This letter decision provides a useful application…
Chancery Addresses “At Issue” Exception to Attorney/Client Privilege
In re Comverge, Inc., Shareholders Litigation, C.A. No. 7368-VCP (Del. Ch. April 10, 2013).
Issue Presented: Whether the attorney-client privilege was a defense to a motion to compel documents.
Short Answer: Yes, under the circumstances of this case.
Summary of Analysis
The court observed that under Court of Chancery Rule 26(b)(1), the…
Discovery Practice in Delaware’s Court of Chancery
Lake Treasure Holdings Ltd. v. Foundry Hill GP, No. 6546-VCL (Del. Ch. Sept. 11, 2012).
Why this case is noteworthy: This ruling provides practical insight into the logistical realities of discovery practice in the Delaware Court of Chancery and the gravitas required from out-of-state attorneys who may not be familiar with the seriousness with…
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…
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…
Court Grants Motion to Compel Director Emails After Company Fails to Preserve or Collect That Information
Grace Brothers, Ltd. v. Siena Holdings, Inc., et al., No. 184-CC (Del. Ch., June 2, 2009), read letter decision here.
Kevin Brady, a highly respected Delaware litigator, provides us with the benefit of his following review of this letter decision.
On June 2, 2009, Chancellor Chandler in granted plaintiff’s motion to compel emails among defendants…
Motion to Compel Granted
In re: John Q. Hammons Hotels, Inc. Shareholder Litigation, Del. Ch., No. 758-CC (March 25, 2009), read letter decision here.
This Chancery Court ruling granted a motion to compel pursuant to Rule 26(b)(1) for post-merger financial data. This case involved a shareholder class action arising out of a merger transaction. The court described the very broad…