“Legal Right” and Not “Practical Ability” Required to Compel Party to Produce 3rd Party Documents

As a party to the litigation, what type of third party documents are considered within my “control” for Rule 34(a) purposes? This is the question that Magistrate Thynge answered in the recent decision of Inline Connection Corp. v. AOL Time Warner Inc., et al., C.A. No. 02-272-MPT, 2006 U.S. Dist. LEXIS 72724 (D. Del. Oct.Continue reading ““Legal Right” and Not “Practical Ability” Required to Compel Party to Produce 3rd Party Documents”