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Tag Archives: Discovery

Time’s Up: High court protects time limitations on government enforcement actions (access required)

Time clock

On February 27, the U.S. Supreme Court made the right call by rejecting the SEC’s attempt to expand the government’s ability to bring civil penalty actions against financial institutions, businesses and individuals. In Gabelli, et. al. v. SEC, the government had taken the unprecedented position that the “discovery rule” applied to statutory enforcement actions covered under 28 U.S.C. section 2462, the five year statute of limitations provision. An SEC ruling would have allowed the government to bring new claims against companies and individuals based upon old activities if the government took the position that it had no knowledge of the conduct.

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Civil Practice – Discovery – Documents – Possession or Control – Corporate Affiliate (access required)

Studsvik Processing Facility Ltd. Liability Co. v. South Carolina Budget & Control Board Since the information sought by defendant is not in the possession, custody or control of plaintiff, plaintiff need not request a review of the electronic and hard-copy files of its corporate affiliates to determine whether those affiliates have the requested information.

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Civil Practice – Discovery – Motion for Sanctions – Request for Production – Easements – Samples (access required)

Melton v. Carolina Power & Light Co. Where defendant made it clear in its discovery responses and email to plaintiff’s counsel that, in response to plaintiff’s request for production of all easements pursuant to which defendant had placed fiber optic cable, defendant was producing samples of all types of such easements, and where plaintiff never filed a motion to compel production, plaintiff is not entitled to sanctions.

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