Discovery Flashcards
Gavin sues Macrofirm, producer of the popular X-Cube gaming system, after a controller catches fire and burns down his house. He alleges Macrofirm knew or had reason to know of the risk of their controllers spontaneously combusting. He sends a request for the production of all memos, schematics, addresses, and emails sent by any employee involved in the production of the X-Cube or its controllers over the past ten years, figuring that someone must have known something about the controllers flammability. Macrofirm objects, saying the request is overly broad. Should the court command Macrofirm to comply with Gavin’s request?
Probably not. Though Gavin might find useful information, the cost of producing all of this information is too high to be justified.
Gavin sues Macrofirm, producer of the popular X-Cube gaming system, after a controller catches fire and burns down his house. He alleges Macrofirm knew or had reason to know of the risk of their controllers spontaneously combusting. Macrofirm’s lawyers send a letter to the president of the company, outlining their plans for gathering information from employees about the production of the controller. Gavin finds out the lawyers have sent a letter and requests to be shown that as well. Should the court command Macrofirm to comply with Gavin’s request?
No. Letters between attorneys and their clients prepared for a trial are covered under the work-product doctrine.
Gavin sues Macrofirm, producer of the popular X-Cube gaming system, after a controller catches fire and burns down his house. He alleges Macrofirm knew or had reason to know of the risk of their controllers spontaneously combusting. Macrofirm has a file of customer complaints, including some about the controller catching fire, in a folder marked “Top Secret! For Macrofirm Legal Counsel Use Only.” Can Gavin request these documents?
Yes. Merely marking the files “secret” does not preclude them from discovery.
Gavin sues Macrofirm, producer of the popular X-Cube gaming system, after a controller catches fire and burns down his house. He alleges Macrofirm knew or had reason to know of the risk of their controllers spontaneously combusting. Macrofilm requests information on how much time Gavin spends per day playing on the X-Cube, and Gavin refuses because he would be embarrassed to have it publicly known how long he spends playing games per day. Macrofirm claims the usage of the device could be relevant to how the controller caught fire. Should the court order Gavin to comply with Macrofirm’s request?
Yes. The information Macrofirm seeks is not privileged, so Gavin must produce it.
Gavin sues Macrofirm, producer of the popular X-Cube gaming system, after a controller catches fire and burns down his house. He alleges Macrofirm knew or had reason to know of the risk of their controllers spontaneously combusting. When exchanging their initial disclosures, should Macrofirm include a smoking gun email about the controller containing faulty wiring?
No. Initial disclosures only show information in the light most favorable to their side.
