Tag: Attorney Fees

1
Copenhaver v. Cavanga Group S.p.A Omeca Division (D. Mont. 2021)
2
Grande v. U.S. Bank National Association (W.D. Wash. 2020)

Copenhaver v. Cavanga Group S.p.A Omeca Division (D. Mont. 2021)

Key Insight: If a motion to compel is granted, the party whose conduct necessitated the motion is required to pay reasonable expenses in making the motion, including attorney fees. However, payment cannot be ordered if “the movant filed the motion before attempting in good faith to obtain the disclosure or discovery without court action.”

Nature of Case: Products Liability

Electronic Data Involved: Email, Electronic Documents Generally

Case Summary

Grande v. U.S. Bank National Association (W.D. Wash. 2020)

Key Insight: The requested business guidelines were relevant. The scope of discovery is very broad. A request for discovery is relevant “unless it is clear that the information sought can have no possible bearing upon the subject matter of the action.”

The court declined to find the guidelines so confidential that they cannot be produced. Defendants did not move for a protective order nor did they provide any evidence of harm that would result from producing the guidelines.

Attorney fees were awarded to Plaintiff because Defendant caused substantial delay in responding to discovery despite Plaintiff’s multiple good faith attempts to obtain the requested discovery.

Nature of Case: Breach of Contract

Electronic Data Involved: Business Guidelines, Business Policies

Case Summary

Copyright © 2022, K&L Gates LLP. All Rights Reserved.