§Why CasetextPricing

Raimey et al v. Wright National Flood Insurance Company

REPLY in Opposition To Wright National Flood Insurance Company's Objections to Magistrate Judge Gary Brown's Order Dated November 7, 2014

6 Cited authorities

  1. Residential Funding Corp. v. Degeorge Financial

    306 F.3d 99 (2d Cir. 2002)   Cited 873 times   33 Legal Analyses
    Holding evidence of bad faith or gross negligence that satisfies the culpable-state-of-mind requirement is also usually sufficient to satisfy the relevance requirement

  2. Thomas E. Hoar, Inc. v. Sara Lee Corp.

    900 F.2d 522 (2d Cir. 1990)   Cited 592 times
    Holding that it "stretches the imagination" to argue that the sanctioned party did not have notice following multiple rounds of briefing and two appeals to the district court

  3. Shcherbakovskiy v. Da Capo Al Fine, Ltd.

    490 F.3d 130 (2d Cir. 2007)   Cited 314 times   2 Legal Analyses
    Holding that the phrase "possession, custody, or control" as contained in Fed. R. Civ. P. 34 has been construed to include instances in which "a party has access and the practical ability to possess documents not available to the party seeking them."

  4. Bank of N.Y. v. Meridien BIAO Bank Tanz. Ltd.

    171 F.R.D. 135 (N.D.N.Y. 1997)   Cited 61 times   1 Legal Analyses
    Noting that “the presumption appears to be merely a decision rule that facilitates determination when other relevant factors do not favor one side over the other”

  5. Simms v. Center for Correctional Health Policy

    272 F.R.D. 36 (D.D.C. 2011)   Cited 9 times
    In Simms v. Ctr. for Corr. Health & Policy Studies, 272 F.R.D. 36 (D.D.C.2011), Chief Judge Royce C. Lamberth endorsed shifting a plaintiff's discovery costs to the defendant, albeit in a minor amount.

  6. Rule 37 - Failure to Make Disclosures or to Cooperate in Discovery; Sanctions

    Fed. R. Civ. P. 37   Cited 45,925 times   320 Legal Analyses
    Holding that a party may be barred from using a witness if it fails to disclose the witness