Topic: the party or person resisting discovery, not the party movi… · Go Syfert
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Topic #4013

5 canonical passages across 5 cases, quoted by 81 opinions in total. These passages cluster together because the same opinions keep quoting them side by side — they state parts of one doctrine. The anchor passage is from Kinetic Concepts, Inc. v. Convatec Inc..

#Case FlagCanonical passage Citers
1 Kinetic Concepts, Inc. v. Convatec Inc. Anchor
ncmd · 2010
green “the party or person resisting discovery, not the party moving to compel discovery, bears the burden of persuasion.” 23
2 United States Court of Appeals, Fourth Circuit
ca4 · 1986
green “a motion to compel discovery is addressed to the sound discretion of the district court.” 22
3 Lone Star Steakhouse & Saloon, Incorporated Max Shayne, Incorporated v. Alpha of Virginia, Incorporated, D/B/A Lone Star Grill
ca4 · 1995
green “this court affords a district court substantial discretion in managing discovery and reviews the denial or granting of a motion to compel discovery for abuse of discretion.” 20
4 Anderson v. Foundation For Advancement, Education And Employment Of American Indians
ca4 · 1998
green “(1) whether the non-complying party acted in bad faith, (2) the amount of prejudice that noncompliance caused the adversary, (3) the need for deterrence of the particular sort of non-compliance, and (4) whether less drastic sanctions would have been effective.” 11
5 Va. Dep't of Corr. v. Jordan
ca4 · 2019
green “relevance is not, on its own, a high bar,” 5

A red or yellow flag on a member means the underlying case has negative treatment — for those, check the case page before relying on the passage.

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