Archive: April 21, 2005

1
Ninth Circuit Denies Writ of Mandamus: Privilege Objections Waived by Failure to Provide Privilege Log at Time Discovery Responses Served
2
Advisory Committee Approves Amendments to Federal Rules of Civil Procedure
3
Electronic discovery ‘part of potentially every case in the 21st Century’

Ninth Circuit Denies Writ of Mandamus: Privilege Objections Waived by Failure to Provide Privilege Log at Time Discovery Responses Served

Burlington Northern & Santa Fe Railway Co. v. United States District Court for the District of Montana, 2005 WL 730193 (9th Cir. 2005)

Brian and Ryann Kapsner (“the Kapsners”) brought suit against Burlington Northern & Santa Fe Railway Co. (“Burlington”) on July 12, 2002, alleging that Burlington had dumped diesel oil and toxic solvents on their land resulting in contamination. The discovery process was fraught with controversy. The Kapsners filed their first request for production on November 6, 2002. Burlington responded on December 9, 2002, but without a privilege log despite both parties intending and expecting its production. Read More

Advisory Committee Approves Amendments to Federal Rules of Civil Procedure

On April 14-15, 2005, the Civil Rules Advisory Committee met to discuss the fate of proposed amendments to Federal Rules of Civil Procedure relating to e-discovery. Taking into consideration feedback received during the recent public comment period, the Advisory Committee approved amendments to Rules 16, 26, 33, 34, and 45. The Committee also approved, in principle, amendments to Rule 37. Read More

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