Archive - 2004

1
Deloach v. Philip Morris Co., 206 F.R.D. 568 (M.D.N.C. 2002)
2
Daewoo Elecs. Co. v. United States, 650 F. Supp. 1003 (Ct. Int’l Trade 1986)
3
Cummings v. Gen. Motors Corp., 365 F.3d 944 (10th Cir. 2004)
4
Cumis Ins. Co. v. Diebold, Inc., 2004 WL 1126173 (E.D. Pa. May 20, 2004)
5
Crown-Life Ins. Co. v. Craig, 995 F.2d 1376 (7th Cir. 1993)
6
Cornell Research Found., Inc. v. Hewlett Packard Co., 223 F.R.D. 55 (N.D.N.Y. 2003)
7
Convolve, Inc. v. Compaq Computer Corp., 223 F.R.D. 162 (S.D.N.Y. 2004)
8
Concerned Citizens of Belle Haven v. Belle Haven Club, 223 F.R.D. 39 (D. Conn. 2004)
9
Compuware Corp. v. Moody’s Investors Servs., Inc., 2004 WL 2931401 (E.D. Mich. Dec. 15, 2004)
10
Computer Assoc. Int’l v. Quest Software, Inc., 56 Fed. R. Serv. 3d 401, 2003 WL 21277129 (N.D. Ill. June 3, 2003)

Deloach v. Philip Morris Co., 206 F.R.D. 568 (M.D.N.C. 2002)

Key Insight: Where defendant withheld computerized data and defense expert subsequently used data in rebuttal report, court allowed plaintiffs the opportunity to respond to defendants’ rebuttal expert report, and ruled that defendants would not be allowed opportunity to reply to plaintiffs’ response to the withheld information

Nature of Case: Antitrust

Electronic Data Involved: Computerized transaction data

Daewoo Elecs. Co. v. United States, 650 F. Supp. 1003 (Ct. Int’l Trade 1986)

Key Insight: Zenith’s motion to compel granted, requiring production in usable form of SAS data sets, constituting final refined forms of data used to compute final results; court criticized government’s inordinately restrictive interpretation of its discovery obligations: “To say that the data sets into which the computer tapes were transferred are not governed by an order speaking of computer tapes is as if someone had said at the dawn of the era of typewriters that typed documents are not governed by a court order speaking of ‘writings.'”

Nature of Case: Proceeding to review Dept. of Commerce’s review of antidumping duty order regarding television sets

Electronic Data Involved: Data sets

Cummings v. Gen. Motors Corp., 365 F.3d 944 (10th Cir. 2004)

Key Insight: No abuse of discretion to deny motion to compel access to GM’s databases and grant protective order to GM where plaintiffs’ proposed computer database searches were overly broad in scope, duplicative of prior requests and unduly burdensome

Nature of Case: Personal injury

Electronic Data Involved: Database

Cumis Ins. Co. v. Diebold, Inc., 2004 WL 1126173 (E.D. Pa. May 20, 2004)

Key Insight: Court ordered defendant to respond to document requests by searching its electronic storage devices and electronic data compilations; plaintiff convinced court that defendant may not have satisfied its discovery obligations by showing that responsive Diebold documents and emails had been obtained from other sources, but had yet to be produced by Diebold itself

Nature of Case: Insurance coverage

Electronic Data Involved: Emails

Crown-Life Ins. Co. v. Craig, 995 F.2d 1376 (7th Cir. 1993)

Key Insight: Insurer’s willful failure to comply with discovery orders and failure to produce database warranted evidentiary preclusion order amounting to entry of default judgment on agent’s counterclaim

Nature of Case: Insurer sued former general agent and agent counterclaimed for renewal commissions owed

Electronic Data Involved: Database containing raw data regarding policies sold by agents

Cornell Research Found., Inc. v. Hewlett Packard Co., 223 F.R.D. 55 (N.D.N.Y. 2003)

Key Insight: Where defendant resisted production of technical specifications in electronic form because material had already been produced at great expense in hard copy form, magistrate ruled that defendant must allow plaintiff’s expert to view material in electronic form at defendant’s facility during regular business hours under and such further terms and conditions as the parties agree

Nature of Case: Patent infringement

Electronic Data Involved: Technical specifications

Convolve, Inc. v. Compaq Computer Corp., 223 F.R.D. 162 (S.D.N.Y. 2004)

Key Insight: Court rejected plaintiff’s request for direct access to Compaq’s hard drives, servers, and databases since plaintiff had failed to show widespread destruction or withholding of relevant information by Compaq; court further rejected plaintiff’s request for sanctions for failure to preserve certain evidence

Nature of Case: Patent infringement

Electronic Data Involved: Hard drives, servers, databases, email and electronic data

Concerned Citizens of Belle Haven v. Belle Haven Club, 223 F.R.D. 39 (D. Conn. 2004)

Key Insight: Court granted plaintiffs’ motion to compel defendants to respond to interrogatories and requests for admissions relating to database compiled by plaintiffs that contained factual information as property address, owners, purchase dates, dates of club membership, and religious affiliation

Nature of Case: Property owners sued yacht club alleging discriminatory practices

Electronic Data Involved: Database

Compuware Corp. v. Moody’s Investors Servs., Inc., 2004 WL 2931401 (E.D. Mich. Dec. 15, 2004)

Key Insight: Court denied motion to compel as to particular request for production where plaintiff offered to provide defendant a set of portable computer disks (at a cost of $40,000) that contained all the documents that plaintiff produced in separate litigation; since defendant had specifically requested these documents, court would not require plaintiff to cull documents that were responsive to another (more narrow) request

Nature of Case: Dispute over defendant’s credit rating of plaintiff

Electronic Data Involved: Computer disks

Computer Assoc. Int’l v. Quest Software, Inc., 56 Fed. R. Serv. 3d 401, 2003 WL 21277129 (N.D. Ill. June 3, 2003)

Key Insight: Applying the Rowe balancing test, court denied producing party’s motion to require requesting party to pay costs associated with computerized privilege review estimated to cost $28,000-40,000

Nature of Case: Copyright infringement, misappropriation of trade secrets

Electronic Data Involved: 8 hard drives

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