Reference no: EM133227838

CASE ANALYSIS 1:

Dan is the plaintiff in a negligence suit against the Colorado Railroad Co. based on a train accident. Colorado requests production under FRCP 34 of "all medical records pertaining to any treatment Dan has received, from any medical provider or other health care professional, which the plaintiff alleges was required as a result of injuries suffered in the accident that is the subject of this action." Dan responds that he does not have these medical records, which are retained by the doctors or hospitals that have treated him. Is this response proper? Why?

CASE ANALYSIS 2:

Mike was injured in an auto accident involving a car driven by Phil. Mike brought a federal lawsuit against Phil under a negligence theory. After the suit started, Phil's attorney, Maria, conducted an interview with an eyewitness to the wreck, Hank. Maria wrote down the facets of Hank's account of the accident that seemed most interesting to her. Mike's lawyer, after hearing about the interview, submitted to Phil a FRCP 34 request for production of documents. Mike's lawyer requested "any notes taken by Maria of any interviews with Hank." Phil and his counsel refused the request, so Mike made a motion to compel discovery. What is the result? Defend the answer.

CASE ANALYSIS 3:

Paint Inc. produces a line of can spray paints. During the past 24 months, numerous individuals have been harmed when cans of spray paint exploded during use. Two harmed users, Megan and Marcella, join as plaintiffs to sue Paint Inc. in federal court. Megan's claim or theory is that Paint designed a defective spray can mechanism. Marcella relies on the allegation that Paint employees misassembled the can. A few months into the case, Megan served two discovery requests. Initially, she sends interrogatories to Marcella, asking her to disclose any data that she has that might show a problem with the production of the can. Marcella objects to the relevance of the questions. Next, Megan notices the deposition of Hans, who is another victim of an exploding paint can. Hans has started his own lawsuit in state court alleging that the can causing him injury was mishandled by a transportation company. In the deposition, Megan asks Hans to disclose any information about issues involving transportation of the paint cans. Hans objects to the relevance of the questions. Can Megan obtain the data she seeks from Hans and Marcella? Fully justify your answer.

CASE ANALYSIS 4:

Simplicity Widget Manufacturers, Inc., a plaintiff in a diversity breach of contract action in federal court, refused to comply with four court orders requiring it to provide discovery to defendant. Simplicity was warned three times that its case would be dismissed if it continued to defy the court's order. After dismissing the case, as a sanction the district court required Simplicity to pay defendant's attorney fees. Under what circumstances would the district court's order be appropriate and under what circumstances would it be inappropriate?

SHORT QUESTION 1:

Must a party to a federal civil case disclose to an opponent, without having received a discovery request, the contents of a document that harms its case? Justify your answer.

SHORT QUESTION 2;

Peter serves a set of interrogatories on Scott and his wife. Scott's wife is not a party to the action. Scott objects to the service. What is the result? Why?

SHORT QUESTION 3:

Murdock was injured using a lawnmower produced by Oscar Lawnmower Co. Murdock sues Oscar, claiming the firm negligently made the lawnmower. Murdock further claims he has been disabled from doing his job and seeks damages for loss of earning capacity. Oscar sends a request for production of Murdock's income tax returns for the five years before the injury and two years after the injury. What is the result? Detailed explanation.

SHORT QUESTION 4:

Dennis brings a product liability lawsuit against Shanghai Corp. for an injury to his hand sustained in a stamping machine accident. One of Dennis's interrogatories requested Shanghai to list all complaints lodged over the last decade concerning safety guards on stamping machines. Shanghai makes more than 25 types of stamping machines and has over 5,000 complaints in an unorganized file. How should the interrogatory be addressed? Why?

SHORT QUESTION 5;

An eyewitness to Abbott and Costello's traffic wreck claims to have seen the accident from his living room window. Defendant Costello wants to take photos from inside the witness's living room to verify the witness's claims. What discovery procedure is available? Why?