Episode 1: Plaintive Movement

Published on April 9, 2020

Law & Order: Discovery Dispute Unit

In a mock trial setting to hear arguments from both sides of some common (and maybe a few not-so-common) discovery disputes. We will provide the facts, hear the arguments, render a verdict and discuss the relevant case citations

After the close of pleadings and amendments thereto, the Defendant also moved to voluntarily dismiss the counterclaim for defamation against the plaintiff, which would likely eliminate the plaintiff’s claim for sanctions related to lost or deleted relevant data. As such, plaintiff now objects to the defendant’s motion for dismissal of the defamation claim against him in order to preserve his motion for various sanctions.

  1. Should the plaintiff be compelled to produce all cell phones, including personal devices, for copy and inspection as requested by the defendant?

  2. Should defendant’s motion to dismiss defamation counterclaim against the plaintiff be granted despite objection to dismissal by the plaintiff?