D. Del. Rejects Attempt To Avoid Litigation-Funding Questions On Relevance Grounds

On October 1, 2020, the District of Delaware’s Magistrate Judge Burke issued an oral order in Red Hat, Inc. v. Sequoia Technology, LLC (available here). Magistrate Judge Burke held that it is improper to instruct a witness not to answer questions regarding litigation funding based on a relevance objection—“it is not proper to instruct a witness not to answer deposition questions on relevance grounds[.]” The Court allowed a new deposition where Defendant “may re-ask such questions and have them answered.”