Deliberate Discovery Responses Shifts Onus Onto Opponent

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Federal Rule of Civil Procedure 60(b)(2) grants relief from a final judgment on the basis of “newly discovered evidence that, with reasonable diligence, could not have been discovered in time to move for a new trial under Rule 59(b).”  Fed. R. Civ. P. 60(b)(2).  Under Rule 60(b)(3), a party is relieved from judgment on the basis of “fraud, misrepresentation, or misconduct by an opposing party.”  Fed. R. Civ. P. 60(b)(3).  To succeed under Rule 60(b)(3), an appellant (1) has the burden of proving fraud or other misconduct by clear and convincing evidence; and (2) must show that such misconduct prevented him from fully and fairly presenting his case.  In Lyles v. Medtronic Sofamor Danek, USA, Inc., 871 F.3d 305, 315 (5th Cir. 2017), the Fifth Circuit found that a plaintiff who failed to pursue discovery of withheld documents did not meet either threshold that would entitle him to relief from summary judgment in favor of defendant manufacturer.  Lyles is

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Update: Self-Driving Cars Are Coming To The Big Apple

Fans of Weil’s Product Liability Monitor know that we keep a close eye on developments relating to autonomous, a.k.a. “self-driving,” vehicles.  In June, I wrote about New York Governor Andrew Cuomo’s announcement that the State was accepting applications from companies that were interested in testing or demonstrating autonomous vehicles on public roads.  I noted the hostRead the full article →

Georgia Court of Appeals Affirms Rejection of Expert, Dismissal of Claims Under Daubert

Last month, the Georgia Court of Appeals affirmed a trial court’s decision excluding a plaintiff’s expert testimony and granting summary judgment for the defendant, LG Electronics, Inc. (“LG”), in a case involving allegations that the plaintiff’s LG television exploded, causing a house fire, which resulted in the death of the plaintiff’sRead the full article →