JD Supra

Discovery in Virginia Circuit Court Litigation: An Overview

In Virginia, once a lawsuit is filed, the door is open for the litigants (parties to a lawsuit) to engage in “discovery”. As a general matter, discovery is the set of formal processes whereby the ...
Law

Second Circuit Sets the Floor for Rule 60(b)(3) Discovery 'Misconduct'

The case clarifies that negligent discovery errors, like missing emails, do not qualify as misconduct under Rule 60(b)(3) and cannot overturn final judgments. It emphasizes the need for careful review ...
Law

Second Circuit Reshapes Cross-Border Discovery Under Section 1782

Scott Schirick and Alan Mendelsohn discuss the Second Circuit's ruling in Bourlakova v. Kazakov which will have significant implications for any foreign litigant seeking discovery in the United States ...
JD Supra

Contracting Around Section 1782 Discovery? Second Circuit Rules That Forum-selection Clauses May Weigh Against Discovery Applications Under 28 U.S.C. § 1782

In Banoka S.à.r.l. v. Elliott Management Corp., the Second Circuit recently held that a contractual forum-selection clause may weigh against an application for discovery under 28 U.S.C. § 1782 ...