Tag Archives: Discovery

A Negligent Discovery Violation Is Not “Misconduct” to Support Relief from Judgment Under Rule 60(b)(3), Holds Second Circuit

In Adidas America, Inc. v. Thom Browne, Inc., No. 24-1510 (2d Cir. Apr. 29, 2026), the Second Circuit affirms denial of a motion for relief from a final judgment under Fed. R. Civ. P. 60(b)(2) and (b)(3), in a case where the plaintiff learned belatedly that the defendant failed to disclose several relevant emails duringContinue reading “A Negligent Discovery Violation Is Not “Misconduct” to Support Relief from Judgment Under Rule 60(b)(3), Holds Second Circuit”

District Court Judge Who Promised to “Crush” the Plaintiff’s Attorney Is Assigned Off of Case by Fifth Circuit

In Miller v. Sam Houston State Univ., No. 19-20752 (5th Cir. Jan. 29, 2021), the panel holds that a district court judge’s behavior in a pair of cases fell so far below the standard of fundamental fairness that it had no choice but to reverse, remand and reassign the matters to a different judge. TheContinue reading “District Court Judge Who Promised to “Crush” the Plaintiff’s Attorney Is Assigned Off of Case by Fifth Circuit”