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Wayne K. Smith died from injuries sustained in a vehicle collision during a police pursuit. The personal representative filed tort and §1983 claims. The defendants moved for summary judgment. Plaintiff moved for spoliation sanctions alleging destruction of evidence. Smith v. Polk Co., 2026 WL 2280990 (W.D.N. Car. Aug. 7, 2026).  The court […]

The Washington Post reports that the Olympic canoeist, Mr. David Harn, charged with damaging the Lincoln Memorial Reflecting Pool is alleging spoliation.  Reflecting pool repairs may jeopardize case judge says (Jul. 20, 2026). The news article states: On Thursday, defense attorneys for Hearn filed a motion to dismiss the indictment against him, […]

Pikesville, Maryland, is a diverse, 12.3 square mile suburban Baltimore community, population 33,524. It was surprising when: [An audio] recording went viral in January [2024], provoking rage in suburban Baltimore. It seemed that Pikesville High School Principal Eric Eiswert had been caught making racist and antisemitic comments. Angry phone calls overwhelmed the […]

Courts facing hallucinated authorities have employed a wide array of sanctions, ranging from referrals to regulatory authorities to determine ethical issues, to striking pleadings, imposing educational requirements, and reprimanding the citing attorney or litigant, among others. A recent concurring opinion came up with an interesting suggestion: An appellate brief containing nonexistent case […]

Plaintiff Lute sued alleging that three defendants had sued excessive force.  He served “a Request for Interrogatories rule 33 and Request for Production of Documents rule 34 together….”  Lute v. Silva, 2026 WL 1758381 (E.D. Cal. Jun. 18, 2026).  Asserting untimely and inadequate responses, he moved to compel. Defendants contend that Mr. […]

I have asked Are Protective Orders Limiting Upload to AI of Documents Produced by an Opponent in Discovery Becoming the Standard of Care? (May 26, 2026). Not always. Unicorn Rejects A.I. Protective/Confidentiality Order – Order Entered in Criminal Case  (Jun. 4, 2026). But the naysayers seem to be in the minority. For […]

Died April 14, 1973. Never forgotten

I have written of the need for a national uniform definition of “possession, custody, or control.”  Possession, Custody, or Control – Need for a Uniform National Standard – Part II (Feb. 18, 2026).  The two most prominent tests are the “legal right” and the “practical ability” standards.  As noted in the blog, […]

Generally, I post blogs about e-discovery.  However, I have had the honor of representing the President of the County Council of Harford County, Maryland, in the Circuit Court, and as appellee in the Appellate Court. The appeal centers on the application of Art. XV, §2, of the Maryland Constitution. Under that provision, […]

Facial Recognition Technology, or “FRT,” is a form of artificial intelligence.  Maryland has cases,  statutes, and procedural rules that govern the use of facial recognition technology in criminal cases. I suggest that they reflect many forward-looking principles governing admissibility, and may have persuasive applicability far beyond their circumscribed context. I have posted […]

Lively v. Wayfarer Studios LLC, 2025 WL 2463633 (S.D.N.Y. Aug. 27, 2025) continues to generate discovery opinions.  Two out of several issues in the latest decision center on: (1) reciprocal discovery of search terms; and, (2) discovery of Signal messages. In brief summary, “Lively, 37, has accused Baldoni, 41, of sexual harassment […]

Last December, I posted My Top Blogs From 2023.  While there is still a bit left of 2024, some my most interesting 2024 blogs are: “ESI Protocol” v. “Discovery Plan” The ESI Protocol: Your Word is Your Bond… Or, Is It? 8 Lessons Learned – Part I – The “Humpty Dumpty” Clause […]

It was an honor to be part of a presentation on “Social Media in Litigation” to the Maryland Judicial College today, together with The Hon. Paul W. Grimm (ret.), Magistrate Connie Marvel of Wicomico County, Craig Ball, Esq., my co-professor, Alicia L. Shelton, Esq., and Ms. Ashley Aranega.  The program lasted most […]

Died April 24, 1973. James Brown, Don Persinger, Alan Mandes. Never forgotten.  On Memorial Day, let’s remember what is important.

  In one of the opening paragraphs of In Re: Social Media Adolescent Addiction/Personal Injury Products Liability Litigation, 2024 WL 1786293, at *1 (N.D. Cal. Feb. 20, 2024), the court wrote: At the hearing, the Court expressed its disappointment as to the excessively large number of disputes regarding ESI issues that remained, […]