45 Cited authorities

Oppenheimer Fund, Inc. v. Sanders
437 U.S. 340 (1978) Cited 4,459 times 20 Legal Analyses
Holding that that the production of putative class members' names pursuant to Federal Rule 26 was not "within the scope of legitimate discovery."
Hickman v. Taylor
329 U.S. 495 (1947) Cited 6,552 times 31 Legal Analyses
Holding in the context of the work product privilege that the adversary system requires a party's attorney be permitted to “assemble information, sift what he considers to be the relevant from the irrelevant facts, prepare his legal theories and plan his strategy without undue and needless interference”
Kihl v. Pfeffer
94 N.Y.2d 118 (N.Y. 1999) Cited 603 times 2 Legal Analyses
Affirming trial court's striking of complaint where plaintiff failed to correct initial interrogatory responses that were "not responsive" and "lack[ed] any reasonable detail"
Oliveri v. Thompson
803 F.2d 1265 (2d Cir. 1986) Cited 929 times
Holding that imposition of sanctions under 28 U.S.C. § 1927 and district court's inherent power requires showing of bad faith
Amlong Amlong v. Denny's
500 F.3d 1230 (11th Cir. 2006) Cited 349 times
Holding that a district court must hold a new hearing in order to reject a magistrate judge's credibility findings unless “there is an articulable basis for rejecting the magistrate's original resolution of credibility.”
Peer v. Lewis
606 F.3d 1306 (11th Cir. 2010) Cited 199 times 2 Legal Analyses
Holding that Rule 11 does not apply where offending attorney withdraws prior to party obtaining evidence of violation because offending party may no longer take corrective action
Truswal Sys. Corp. v. Hydro-Air Eng'g, Inc.
813 F.2d 1207 (Fed. Cir. 1987) Cited 219 times 1 Legal Analyses
Holding that Federal Circuit law governs the relevance of discovery requests in patent cases when substantive patent law is implicated
Fashion Page v. Zurich Ins. Co.
50 N.Y.2d 265 (N.Y. 1980) Cited 230 times
Holding that, under C.P.L.R. § 311, a plaintiff may rely on "corporate employees to identify the proper person to accept service" and that service on the secretary for the defendant's vice president, who had held herself out as authorized to receive service, was sufficient to support proper service on the corporation
United States v. Burke
700 F.2d 70 (2d Cir. 1983) Cited 198 times
Concluding that there is "no legally-principled reason for drawing a distinction between civil and criminal cases when considering whether the reporter's interest in confidentiality should yield to the moving party's need for probative evidence."
In re Six Grand Jury Witnesses
979 F.2d 939 (2d Cir. 1992) Cited 145 times
Holding that the privilege protects communications made in confidence to a lawyer to obtain legal counsel
Rule 26 - Duty to Disclose; General Provisions Governing Discovery
Fed. R. Civ. P. 26 Cited 97,825 times 674 Legal Analyses
Adopting Fed.R.Civ.P. 37
Rule 4 - Summons
Fed. R. Civ. P. 4 Cited 71,368 times 127 Legal Analyses
Holding that if defendant is not served within 90 days after the complaint is filed, the court—on a motion, or on its own following notice to the plaintiff—must dismiss the action without prejudice against that defendant or order that service be made by a certain time
Rule 37 - Failure to Make Disclosures or to Cooperate in Discovery; Sanctions
Fed. R. Civ. P. 37 Cited 47,073 times 326 Legal Analyses
Holding that a party may be barred from using a witness if it fails to disclose the witness
Rule 45 - Subpoena
Fed. R. Civ. P. 45 Cited 17,099 times 110 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"
Rule 30 - Depositions by Oral Examination
Fed. R. Civ. P. 30 Cited 16,547 times 131 Legal Analyses
Upholding a district court's decision not to consider the plaintiff's deposition errata sheets in opposition to a motion for summary judgment when they were untimely
Section 1927 - Counsel's liability for excessive costs
28 U.S.C. § 1927 Cited 8,937 times 81 Legal Analyses
Granting courts the power to charge "excess costs, expenses, and attorneys' fees reasonably incurred" due to "unreasonabl[e] and vexatious" conduct
Section 311 - Personal service upon a corporation or governmental subdivision
N.Y. C.P.L.R. § 311 Cited 1,391 times
Providing that personal service on a New York corporation can be accomplished by delivering the summons to an "officer, director, managing or general agent, or cashier or assistant cashier" of the corporation
Section 79-H - Special provisions relating to persons employed by, or connected with, news media
N.Y. Civ. Rights Law § 79-H Cited 187 times 5 Legal Analyses
Applying New York's Shield Law only to "professional journalists and newscasters"

Montgomery v. Simon & Schuster et al

45 Cited authorities

Holding that that the production of putative class members' names pursuant to Federal Rule 26 was not "within the scope of legitimate discovery."

Affirming trial court's striking of complaint where plaintiff failed to correct initial interrogatory responses that were "not responsive" and "lack[ed] any reasonable detail"

Holding that imposition of sanctions under 28 U.S.C. § 1927 and district court's inherent power requires showing of bad faith

Holding that a district court must hold a new hearing in order to reject a magistrate judge's credibility findings unless “there is an articulable basis for rejecting the magistrate's original resolution of credibility.”

Holding that Rule 11 does not apply where offending attorney withdraws prior to party obtaining evidence of violation because offending party may no longer take corrective action

Holding that Federal Circuit law governs the relevance of discovery requests in patent cases when substantive patent law is implicated

Concluding that there is "no legally-principled reason for drawing a distinction between civil and criminal cases when considering whether the reporter's interest in confidentiality should yield to the moving party's need for probative evidence."

Holding that the privilege protects communications made in confidence to a lawyer to obtain legal counsel

Adopting Fed.R.Civ.P. 37

Holding that if defendant is not served within 90 days after the complaint is filed, the court—on a motion, or on its own following notice to the plaintiff—must dismiss the action without prejudice against that defendant or order that service be made by a certain time

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

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"

Upholding a district court's decision not to consider the plaintiff's deposition errata sheets in opposition to a motion for summary judgment when they were untimely

Granting courts the power to charge "excess costs, expenses, and attorneys' fees reasonably incurred" due to "unreasonabl[e] and vexatious" conduct

Providing that personal service on a New York corporation can be accomplished by delivering the summons to an "officer, director, managing or general agent, or cashier or assistant cashier" of the corporation

Applying New York's Shield Law only to "professional journalists and newscasters"