All posts tagged case summaries

August 2017 Ediscovery Case Summaries

Court Swiftly Denies Pop Star Defendant’s Motion for Adverse Inference, but Allows Defendant to Cross-Examine Plaintiff About Spoliation in Front of Jury
Mueller v. Swift, 2017 U.S. Dist. LEXIS 112276 (D. Colo. July 19, 2017)

Potentially Relevant Documents, Marked as Non-responsive, Unable to Remain a Secret in Trade Secret Theft Case
Nachurs Alpine Sols., Corp. v. Banks, 2017 U.S. Dist. LEXIS 104778 (N.D. Iowa July 7, 2017)

No Harm, No Foul: In Spoliation of Evidence Case, Court Unable to Apply Sanctions Without Prejudice
Snider v. Danfoss, 2017 U.S. Dist. LEXIS 107591 (N.D. Ill. July 12, 2017)

Failure to Abide by Court’s Discovery Order Leads to Sanctions
Bird v. Wells Fargo Bank, 2017 U.S. Dist. LEXIS 113455 (E.D. Cal. July 20, 2017)

Violation of Privacy is Not a Complete Defense: Supreme Court of California Grants Plaintiff’s Motion to Compel Contact Information of Fellow Employees
Williams v. Superior Court, 2017 Cal. LEXIS 5124 (Cal. July 13, 2017)

July 2017 Ediscovery Case Summaries

Court Orders Partial Cost-Shifting, with Plaintiff’s Counsel to Bear ESI Production Costs for Lack of “Meaningful Meet-and-Confer Sessions”
Bailey v. Brookdale Univ. Hosp., 2017 U.S. Dist. LEXIS 93093 (E.D.N.Y. June 16, 2017)

A Tale of Two Phones: Court Forbids “Fishing Expedition” for Deleted Personal Data on Employer-issued Cell Phone, but Authorizes Discovery of Relevant Data from Personal Cell Phone
Tingle v. Hebert, 2017 U.S. Dist. LEXIS 88936 (M.D. La. June 8, 2017)

Court Finds Data Storage, Processing, Review and Production Costs as Non-Taxable in Post-Trial Motion
Wis. Alumni Research Found. v. Apple, Inc., 2017 U.S. Dist. LEXIS 86418 (W.D. Wis. June 6, 2017)

Sanctions Motion Denied Where There is No Prejudice or Intent to Deprive and Documents Could Have Been Restored or Replaced Through Additional Discovery
Eshelman v. Puma Biotechnology, Inc., 2017 U.S. Dist. LEXIS 87282 (E.D.N.C. June 7, 2017)

Court Denies Motion for Sanctions After Discovery Period Ends
Kennedy v. Supreme Forest Prods., 2017 U.S. Dist. LEXIS 77005 (D. Conn. May 22, 2017)

June 2017 Ediscovery Case Summaries

Should We Split It? Court Denies Defendant’s Motion to Be Relieved from Discovery Costs
Hawa v. Coatesville Area Sch. Dist., 2017 U.S. Dist. LEXIS 37675 (E.D. Pa. Mar. 16, 2017)

Hold Onto the Phone: Turning in Phone for Rebate has Preservation Consequences
Montgomery v. Iron Rooster-Annapolis, 2017 U.S. Dist. LEXIS 71338 (D. Md. May 9, 2017)

Court Grants Terminating Spoliation Sanctions Due to Abusive Litigation Practices
OmniGen Research v. Wang, 2017 U.S. Dist. LEXIS 78107 (D. Or. May 23, 2017)

Court Orders Parties to Meet and Confer to Determine Scope of Discovery Request
Elhannon v. F.A. Bartlett Tree Expert Co., 2017 U.S. Dist. LEXIS 58693 (D. Vt. Apr. 18, 2017)

Texas Supreme Court Weighs in on Native File Format Production
In re State Farm Lloyds, 2017 Tex. LEXIS 482 (Tex. May. 26, 2017)

May 2017 Ediscovery Case Summaries

The Court Denies the Plaintiff’s Patently Overbroad Discovery Requests
Rockwell Med., Inc. v. Richmond Bros., 2017 U.S. Dist. LEXIS 57313 (E.D. Mich. Apr. 14, 2017)

Court “Rather Reluctantly” Intervenes in Discovery Dispute, Prefers the Use of TAR Before Culling by Search Terms
FCA US LLC v. Cummins, Inc., 2017 U.S. Dist. LEXIS 45212 (E.D. Mich. Mar. 28, 2017)

Sanctions Decision Generates “Considerable Heat” and Split of Authority; Supreme Court Ultimately Reverses $2.7 Million Award
Goodyear Tire & Rubber Co. v. Haeger, 137 S. Ct. 1178 (Apr. 18, 2017)

Dialing the Wrong Number Has Its Consequences: Court Grants Motion to Compel Against Debt Collector
Meredith v. United Collection Bureau, Inc., 2017 U.S. Dist. LEXIS 56783 (N.D. Ohio Apr. 13, 2017)

Hold the Phone: No Sanctions for Destroyed ESI When Content Is Unknown and Other Routes to Discover ESI Are Available
Zamora v. Stellar Mgmt. Grp., 2017 U.S. Dist. LEXIS 55361 (W.D. Mo. Apr. 11, 2017)

April 2017 Ediscovery Case Summaries

Seller’s Remorse: Court Imposes Sanctions for Failure to Preserve ESI in Sale of Business
ILWU-PMA Welfare Plan Bd. of Trs. v. Connecticut Gen. Life. Ins. Co., 2017 WL 345988 (N.D. Cal. Jan. 24, 2017)

Court Acts Under Its Own Power to Impose Sanctions for Intentional ESI Spoliation
Hsueh v. N.Y. State Dep’t of Fin. Servs., 2017 WL 1194706 (S.D.N.Y. Mar. 31, 2017)

Hold the Pepperoni: “Menacing Scourge” of Boilerplate Responses Leaves a Rancid Taste in Judge’s Mouth
Liguria Foods, Inc. v. Griffith Labs., Inc., 2017 WL 976626 (N.D. Iowa March 13, 2017)

Angie’s List Receives a Negative Review: Court Compels Production of ESI
Williams v. Angie’s List, Inc., 2017 U.S. Dist. LEXIS 54270 (S.D. Ind. Apr. 10, 2017)

Court Finds That “Form Over Substance” Does Not Satisfy Motion to Compel Production of ESI
Duffy v. Lawrence Mem. Hosp., 2017 U.S. Dist. LEXIS 49583 (D. Kan. Mar. 31, 2017)

March 2017 Ediscovery Case Summaries

Judge Peck Has Had Enough of “Meaningless Boilerplate Responses”
Fischer v. Forrest, 2017 U.S. Dist. LEXIS 28102 (S.D.N.Y. Feb. 28, 2017)

“Unusually Deplorable” Conduct Costs Plaintiff $7 Million in Sanctions
Shawe v. Elting, 2017 Del. LEXIS 61 (Del. Feb. 13, 2017)

Ignorance of the Technology is No Excuse; Businesses Have a Duty to Ensure Confidential Information Cannot be Accessed
Harleysville Ins. Co. v. Holding Funeral Home, Inc., 2017 U.S. Dist. LEXIS 18714 (W.D. Va. Feb. 9, 2017)

California Department of Education Gets Schooled in Ediscovery Production Formats
Morgan Hill Concerned Parents Ass’n v. Cal. Dep’t of Educ., 2017 U.S. Dist. LEXIS 14983 (E.D. Cal. Feb. 1, 2017)

Court Finds That “Form Over Substance” Does Not Satisfy Motion to Compel Production of ESI
Excel Enters. v. Winona PVD Coatings, 2017 U.S. Dist. LEXIS 22932 (N.D. Ind. Feb. 17, 2017)

February 2017 Ediscovery Case Summaries

Court Narrows the Scope of Social Media Discovery
Scott v. United States Postal Serv., 2016 U.S. Dist. LEXIS 178702 (M.D. La. Dec. 27, 2016)

Court Imposes Sanctions for Failure to Preserve Phone Call Recordings
Sec. Alarm Fin. Enters., L.P. v. Alarm Protection Tech., LLC, No. 3:13-cv-00102-SLG, 2016 WL 7115911 (D. Alaska Dec. 6, 2016)

Court Delivers a Package of Proportionality and Cooperation in Class Action
Solo v. UPS Co., 2017 U.S. Dist. LEXIS 3275 (E.D. Mich. Jan. 10, 2017)

Court Schools Parties on Duty to Preserve and Finds No Act of Spoliation
Archer v. York City Sch. Dist., 2016 U.S. Dist. LEXIS 178969 (M.D. Pa. Dec. 28, 2016)

“Mere Speculation” of Spoliation is Not Enough to Issue Sanctions Under Rule 37(e)
HCC Ins. Holdings, Inc. v. Flowers, 2017 U.S. Dist. LEXIS 12120 (N.D. Ga. Jan. 30, 2017)

January 2017 Ediscovery Case Summaries

Failure to Preserve Interactive Website Data Held Insufficient to Impose Sanctions Under Rule 37(e)
FTC v. Directv, Inc., 2016 U.S. Dist. LEXIS 176873 (N.D. Cal. Dec. 21, 2016)

Jury to Decide Issue of Intent for Spoliation
Cahill v. Dart, 2016 U.S. Dist. Lexis 166831 (N.D. Ill. Dec. 2, 2016)

Australian Court Takes Predictive Coding Down Under
McConnell Dowell Constructors (Aust) Pty Ltd v. Santam Ltd & Ors (No 1),
[2016] VSC 734 (Dec. 2, 2016)

Illinois State Court Leverages Proportionality Standards in FRCP 26(b)(1) to Determine if Forensic Imaging is too Intrusive
Carlson v. Jerousek, 2016 IL App (2d) 151248 (Ill. App. Ct. 2d Dist. 2016)

Kansas Court Rejects Proportionality Arguments and Boilerplate Objections
Duffy v. Lawrence Mem. Hosp., 2016 U.S. Dist. LEXIS 176848 (D. Kan. Dec. 21, 2016)

December 2016 Ediscovery Case Summaries

Failing to Cooperate Has Negative Consequences for Party
Venturedyne, Ltd. v. Carbonyx, Inc., 2016 U.S. Dist. LEXIS 157722 (N.D. Ind. Nov. 15, 2016)

Court Holds “Skepticism” Not Enough for Computer Forensic Search
Coast to Coast Eng’g Servs. v. Roop, 2016 U.S. Dist. LEXIS 154758 (D. Me. Nov. 8, 2016)

Court States “Old Habits Die Hard” With the New FRCP
In re Bard IVC Filters Prods. Liab. Litig., 2016 U.S. Dist. LEXIS 126448 (D. Ariz. Sept. 16, 2016)

Court Upholds High Bar for Sanctions
Richard v. Inland Dredging Co., LLC, 2016 U.S. Dist. LEXIS 134859 (W.D. La. Sept. 29, 2016)

Court Finds Lesser Sanctions of District Court Sufficient
BMG Rights Mgmt. (US) LLC v. Cox Communs., Inc., 2016 U.S. Dist. LEXIS 105981 (E.D. Va. Aug. 8, 2016)

November 2016 Ediscovery Case Summaries

Court Declines to Compel a Party to Utilize Predictive Coding
In re Viagra (Sildenafil Citrate) Prods. Liab. Litig., 2016 U.S. Dist. LEXIS 144925 (N.D. Cal. Oct. 14, 2016)

No Obligation to Produce Information Outside of a Party’s Legal Right of Control
Jackson v. E-Z-Go. Div. of Textron, Inc., 2016 U.S. Dist. LEXIS 146951 (W.D. Ky. Oct. 24, 2016)

Court Grants Discovery Objection that Was Stated With Specificity
Arenas v. Unified Sch. Dist. No. 223, 2016 U.S. Dist. LEXIS 143338 (D. Kan. Oct. 17, 2016)

Court Holds It Will Not “Micro-Manage” Ediscovery; Orders Parties to Meet and Confer about Search Terms
Pyle v. Selective Ins. Co. of Am., 2016 U.S. Dist. LEXIS 140789 (W.D. Pa. Sept. 30, 2016)

“No Emails Found” is Insufficient; Court Requires Party to Explain Steps Taken to Locate Responsive Email
Carter v. Cummings, 2016 U.S. Dist. LEXIS 137118 (W.D. Wis. Oct. 3, 2016)

 
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