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ASDC Holdings LLC et al v. The Richard J Malouf 2008 All-Smiles Grantor Retained Annuity Trust et al

Brief/Memorandum in Support

11 Cited authorities

  1. U.S. v. Neal

    27 F.3d 1035 (5th Cir. 1994)   Cited 173 times   1 Legal Analyses
    Holding that a more than 150-volume trial transcript containing over 300 errors was not "unreasonably incomplete or substantially inaccurate" when these errors "were primarily of a typographical nature"

  2. Hay Group, Inc. v. E.B.S. Acquisition Corp.

    360 F.3d 404 (3d Cir. 2004)   Cited 80 times   10 Legal Analyses
    Holding that "production" as used by Rule 45 refers to the delivery of documents and therefore "the district in which the production . . . is to be made" is not the district in which the documents are housed by the district in which the subpoenaed party is to turn them over

  3. Life Recei. Trust v. Syndicate 102

    549 F.3d 210 (2d Cir. 2008)   Cited 54 times   11 Legal Analyses
    Analyzing cases throughout the country and joining the Third Circuit in holding that section 7 of the FAA does not authorize arbitrators to compel pre-hearing discovery from entities not party to the arbitration proceedings"

  4. In re Grand Jury Subpoenas

    561 F.3d 408 (5th Cir. 2009)   Cited 25 times
    Noting that work-product protections belong to both the client and the attorney, and either may invoke those protections

  5. Rule 11 - Signing Pleadings, Motions, and Other Papers; Representations to the Court; Sanctions

    Fed. R. Civ. P. 11   Cited 35,613 times   139 Legal Analyses
    Holding an "unrepresented party" to the same standard as an attorney

  6. Rule 45 - Subpoena

    Fed. R. Civ. P. 45   Cited 16,453 times   104 Legal Analyses
    Holding that a subpoena may command a person to attend a trial, hearing, or deposition "within 100 miles of where the person resides, is employed, or regularly transacts business in person"

  7. Rule 34 - Producing Documents, Electronically Stored Information, and Tangible Things, or Entering onto Land, for Inspection and Other Purposes

    Fed. R. Civ. P. 34   Cited 13,062 times   144 Legal Analyses
    Finding that the rules related to electronic discovery were "not meant to create a routine right of direct access to a party's electronic information system, although such access may be justified in some circumstances."

  8. Rule 501 - Privilege in General

    Fed. R. Evid. 501   Cited 4,123 times   21 Legal Analyses
    Recognizing that "in a civil case, state law governs privilege regarding a claim or defense for which state law supplies the rule of decision"

  9. Rule 81 - Applicability of the Rules in General; Removed Actions

    Fed. R. Civ. P. 81   Cited 3,690 times   6 Legal Analyses
    Recognizing that the Federal Rules of Civil Procedure "apply to proceedings for habeas corpus . . . to the extent that the practice in those proceedings: is not specified in a federal statute, the Rules Governing Section 2254 Cases, or the Rules Governing Section 2255 Cases; and (B) has previously conformed to the practice in civil actions."

  10. Section 7 - Witnesses before arbitrators; fees; compelling attendance

    9 U.S.C. § 7   Cited 193 times   19 Legal Analyses
    Providing for compulsion of evidence by district court in district where arbitrators are sitting

  11. Rule 503 - Lawyer-Client Privilege

    Tex. R. Evid. 503   Cited 291 times

    (a) Definitions. In this rule: (1) A "client" is a person, public officer, or corporation, association, or other organization or entity-whether public or private-that: (A) is rendered professional legal services by a lawyer; or (B) consults a lawyer with a view to obtaining professional legal services from the lawyer. (2) A "client's representative" is: (A) a person who has authority to obtain professional legal services for the client or to act for the client on the legal advice rendered; or (B)