17 Cited authorities

Cook v. Howard
484 F. App'x 805 (4th Cir. 2012) Cited 302 times
Finding that amended complaint failed to state a claim for supervisory liability under § 1983 because it merely contended that, because decedent's death "occurred at a time when they were supervisors [], they have imputed knowledge of their subordinates' conduct and should be held liable"
Nat'l Union Fire Ins. v. Murray Sheet Metal
967 F.2d 980 (4th Cir. 1992) Cited 389 times 3 Legal Analyses
Holding that anticipation of litigation means that the document must have been "prepared because of the prospect of litigation," and not in the "ordinary course of business."
In re Allen v. McGraw
106 F.3d 582 (4th Cir. 1997) Cited 316 times 5 Legal Analyses
Holding that the attorney's choice and arrangement of employment records in anticipation of litigation constituted "opinion work product," since the attorney's "selection and compilation of these particular documents reveals her thought processes and theories regarding this litigation"
Kinetic Concepts, Inc. v. ConvaTec Inc.
268 F.R.D. 226 (M.D.N.C. 2010) Cited 171 times
Explaining an "informed suspicion" alone is insufficient to order documents be compelled
Hilt v. SFC Inc.
170 F.R.D. 182 (D. Kan. 1997) Cited 164 times
Holding that "[t]he discovery rules provide no absolute, unharnessed right to find out every conceivable, relevant fact that opposing litigants know"
Terwilliger v. York Intern. Corp.
176 F.R.D. 214 (W.D. Va. 1997) Cited 52 times
Finding that, in a case alleging breach of contract and lost wages, the plaintiff's tax returns were relevant
Dauska v. Green Bay Packaging Inc.
291 F.R.D. 251 (E.D. Wis. 2013) Cited 22 times
Granting motion to compel in part and awarding partial expenses to substantially prevailing plaintiff under Rule 37(C), while characterizing defendant's arguments in opposition as "baseless" and plaintiff's requests as "overly broad"
Castle v. Jallah
142 F.R.D. 618 (E.D. Va. 1992) Cited 32 times
Denying production of prison operating procedures where defendants claimed governmental privilege, procedures had little relevance to plaintiff's claims and, on balance, "institutional security far outweigh[ed] any need plaintiff may have [had]" for the documents
Univ. of Va. Patent Found. v. Gen. Elec. Co.
Civil Action No. 3:14cv51 (W.D. Va. Aug. 14, 2015) Cited 1 times
Civil Action No. 3:14cv51 08-14-2015 UNIVERSITY OF VIRGINIA PATENT FOUNDATION, Plaintiff, v. GENERAL ELECTRIC COMPANY d/b/a GE HEALTHCARE, Defendant. By: Joel C. Hoppe United States Magistrate Judge MEMORANDUM & ORDER Before the Court is Defendant General Electric Company's ("GE") motion to compel responses to interrogatories 12 and 13, ECF No. 75, and brief in support, ECF No. 75-1. Plaintiff University of Virginia Patent Foundation ("UVAPF") filed a brief in opposition, ECF No. 81, and the matter
Ritchie Risk-Linked Strategies Trading (Ireland), Ltd. v. Coventry First LLC
273 F.R.D. 367 (S.D.N.Y. 2010) Cited 3 times
James William Halter, James Ryan Hubbard, Jeffrey Lew Liddle, Liddle & Robinson, LLP, New York, NY, for Plaintiffs. Kenneth Jerome Brown, Richmond T. Moore, Dane Hal Butswinkas, David A. Forkner, Katherine Lindsey O'Connor, Rachel Shanahan, Thomas Patrick Windom, Williams & Connolly, LLP, Washington, DC, for Defendants. DECISION AND ORDER VICTOR MARRERO, District Judge. I. BACKGROUND Plaintiffs Ritchie Risk-Linked Strategies Trading (Ireland), Ltd. and Ritchie Risk-Linked Strategies Trading (Ireland)
Section 1983 - Civil action for deprivation of rights
42 U.S.C. § 1983 Cited 486,409 times 688 Legal Analyses
Holding liable any state actor who "subjects, or causes [a person] to be subjected" to a constitutional violation
Rule 26 - Duty to Disclose; General Provisions Governing Discovery
Fed. R. Civ. P. 26 Cited 94,817 times 651 Legal Analyses
Adopting Fed.R.Civ.P. 37
Rule 37 - Failure to Make Disclosures or to Cooperate in Discovery; Sanctions
Fed. R. Civ. P. 37 Cited 45,850 times 319 Legal Analyses
Holding that a party may be barred from using a witness if it fails to disclose the witness
Rule 54 - Judgment; Costs
Fed. R. Civ. P. 54 Cited 41,163 times 141 Legal Analyses
Holding party seeking fees may additionally seek "nontaxable expenses"
Rule 1 - Scope and Purpose
Fed. R. Civ. P. 1 Cited 15,007 times 47 Legal Analyses
Recognizing the federal rules of civil procedure should be employed to promote the "just, speedy, and inexpensive determination of every action and proceeding"
Rule 33 - Interrogatories to Parties
Fed. R. Civ. P. 33 Cited 10,882 times 21 Legal Analyses
Adopting Rule 30(b)

Johnson v. Department of Alcoholic Beverage Control et al

17 Cited authorities

Finding that amended complaint failed to state a claim for supervisory liability under § 1983 because it merely contended that, because decedent's death "occurred at a time when they were supervisors [], they have imputed knowledge of their subordinates' conduct and should be held liable"

Holding that anticipation of litigation means that the document must have been "prepared because of the prospect of litigation," and not in the "ordinary course of business."

Holding that the attorney's choice and arrangement of employment records in anticipation of litigation constituted "opinion work product," since the attorney's "selection and compilation of these particular documents reveals her thought processes and theories regarding this litigation"

Explaining an "informed suspicion" alone is insufficient to order documents be compelled

Holding that "[t]he discovery rules provide no absolute, unharnessed right to find out every conceivable, relevant fact that opposing litigants know"

Finding that, in a case alleging breach of contract and lost wages, the plaintiff's tax returns were relevant

Granting motion to compel in part and awarding partial expenses to substantially prevailing plaintiff under Rule 37(C), while characterizing defendant's arguments in opposition as "baseless" and plaintiff's requests as "overly broad"

Denying production of prison operating procedures where defendants claimed governmental privilege, procedures had little relevance to plaintiff's claims and, on balance, "institutional security far outweigh[ed] any need plaintiff may have [had]" for the documents

Holding liable any state actor who "subjects, or causes [a person] to be subjected" to a constitutional violation

Adopting Fed.R.Civ.P. 37

Holding that a party may be barred from using a witness if it fails to disclose the witness

Holding party seeking fees may additionally seek "nontaxable expenses"

Recognizing the federal rules of civil procedure should be employed to promote the "just, speedy, and inexpensive determination of every action and proceeding"

Adopting Rule 30(b)