Wednesday, March 29, 2017

3d DCA Watch -- Civil Discovery is Fun!


It's really exciting when a discovery dispute about an allegedly stolen check makes it to the big time! (bunker version):
Foster alleged that a party stole a check, endorsed this stolen check, and that another party – BOA – wrongfully paid this check based on the endorsement; thus, the information and documents related to this check’s journey through BOA and the financial system are highly relevant to the causes of action alleged by Foster. Additionally, Foster seeks to trace the funds BOA paid from check proceeds to
BOA’s co-defendants in an effort to have the court impose a constructive trust on those funds. Plainly, Foster is entitled to obtain information and documents related to BOA’s allegedly wrongful payment of the check.  Without this critical information it would be extremely difficult, if not impossible, for Foster to recover funds that might be due to him as trustee.
Can you feelz it?

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