Archive: December 14, 2005

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Bank of America Corporation Ordered to Provide Discovery on Behalf of Non-Party Wholly-Owned Subsidiaries
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Court Denies Further Sanctions, Including Shifting of Burden of Proof Based on Coleman Decision

Bank of America Corporation Ordered to Provide Discovery on Behalf of Non-Party Wholly-Owned Subsidiaries

In re ATM Fee Antitrust Litig., 2005 WL 3299763 (N.D. Cal. Dec. 5, 2005)

In this class action, plaintiffs propounded requests for production of documents and a request for admissions to all named defendants, including Bank of America Corporation (“BAC”). Plaintiffs also served interrogatories and proposed FRCP Rule 30(b)(6) depositions substantially limited to document and electronic data storage and management issues. Read More

Court Denies Further Sanctions, Including Shifting of Burden of Proof Based on Coleman Decision

Jinks-Umstead v. England, 2005 WL 3312947 (D.D.C. Dec. 7, 2005) In this matter, a previous decision from which was summarized here, Lavonne Jinks-Umstead alleged that the United States Navy discriminated against her based on her race when it failed to provide her with adequate staff assistance. A jury verdict was granted in favor of Defendant, but a new trial was ordered based on Defendant’s pre-trial failure to produce Work in Progress (“WIP”) reports and the erroneous admission into evidence of certain emails. The new trial is scheduled to begin on January 18, 2006. In this memorandum opinion, Judge Kessler addressed pending motions. Read More

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