Special Discovery Master's discovery rulings were overturned
LG. Philips LCD Co., Ltd., v. Tatung Co., et al., No. 04-343-JJF, July 13, 2007.
Farnan, J. Exceptions to discovery rulings relating to willfulness and advice of counsel defenses were sustained.
The Special Master’s ruling that a motion to compel was not ripe because advice of counsel was not raised as an affirmative defense and could not be added without leave of court was overturned. The Court concluded that advice of counsel need not be pled as an affirmative defense. The Special Master further declined to bifurcate discovery on willfulness. The Court reasoned that the Special Master’s ruling precluded defendants from raising the advice of counsel defense. The court allowed discovery on willfulness to proceed after the fact discovery deadline. Vincent Poppiti was the Discovery Master in this matter.
A copy of the full opinion is available here.
