Tag Archives: Deposition

Fifth Circuit Holds Lawyer Could Be Sanctioned Under 28 U.S.C. § 1927 For “Irrelevant Lines of Questioning” in Depositions

In Vaughan v. Lewisville Independent School Dist., No. 22-40057 (5th Cir. Mar. 9, 2023), the Fifth Circuit held that a plaintiff’s lawyer who asked four deponents about subject areas far afield of the dispute could be personally monetarily sanctioned for “unreasonable” and “vexatious” multipliction of the proceedings under 28 U.S.C. § 1927. “Frank Vaughan filedContinue reading “Fifth Circuit Holds Lawyer Could Be Sanctioned Under 28 U.S.C. § 1927 For “Irrelevant Lines of Questioning” in Depositions”

Fed. R. Civ. P. 27 Pre-Filing Deposition Is Not a Vehicle for Jurisdictional Discovery, Holds Seventh Circuit

In Qin v. Deslongchamps, No. 21-1873 (7th Cir. Apr. 14, 2022), the Seventh Circuit affirms the denial of a petition to take a Fed. R. Civ. P. 27 deposition of a member of a limited liability corporation (LLC) to ascertain their citizenship before filing a diversity suit in federal court. For federal diversity purposes, LLCsContinue reading “Fed. R. Civ. P. 27 Pre-Filing Deposition Is Not a Vehicle for Jurisdictional Discovery, Holds Seventh Circuit”

Eleventh Circuit Holds District Court Abused Discretion in Denying Deposition of Senior Executive in ADA Case After A Dozen Motions to Compel

In Akridge v. Alfa Mut. Ins. Co., No. 19-10827 (11th Cir June 21, 2021), the Eleventh Circuit vacates summary judgment in an Americans with Disabilities Act (ADA), because the district court refused to compel a deposition of an Executive Vice President of Human Resources. The plaintiff alleged that defendant Alfa “discriminated against her by terminatingContinue reading “Eleventh Circuit Holds District Court Abused Discretion in Denying Deposition of Senior Executive in ADA Case After A Dozen Motions to Compel”