A Blog About Intellectual Property Litigation and the District of Delaware


I thought this was interesting. Last week Judge Burke granted a motion to compel a plaintiff's witness to respond on questions about the plaintiff's litigation financing arrangements.

Apparently plaintiff's attorneys instructed the witness not to answer at the deposition, but in the discovery dispute they only argued that the information is irrelevant, and did not raise privilege. Since relevance is not a valid justification for an instruction not to answer under FRCP 30, the Court permitted defendant to re-ask the question and held that plaintiff's witness must answer.

About Those Redacted Versions

I say plaintiff "apparently" objected only on reasonableness grounds because plaintiff never filed the redacted version of its sealed letter brief—a common problem.

If parties continue not to file redacted versions of things, then I wonder if we'll end up with a system like that of the Northern District of California, where we all have to file constant motions to seal rather than just filing sealed papers and redacted versions.

If you enjoyed this post, consider subscribing to receive free e-mail updates about new posts.

All

Similar Posts