Key Insight: Adverse inference granted where physical evidence was lost.
Nature of Case: Marine
Electronic Data Involved: notebook/logbook
Keywords: adverse inference
Rhone v. Schneider Nat’l Carriers, Inc., No. 4:15-cv-01096-NCC, 2016 WL 1594453 (E.D. Mo. Apr. 21, 2016)
In this personal injury case, the court ordered Plaintiff to produce a “Download Your Info” report from Facebook, spanning from the date of the at-issue incident (June 2, 2014) through the present. Per Facebook’s Help Center (last accessed May 10, 2016) a report contains 70 categories of information, including: About Me, Chat (history), Friends, Followers, Logins, Logouts, Messages, Photos, Photos Metadata, Posts by You, Posts by Others, Post to Others, Removed Friends, Searches, Shares, Status Updates, and Videos.
Nat’l Football League Mgmt. Council v. Nat’l Football League Players Assoc., — F.3d —, 2016 WL 1619883 (2d Cir. Apr. 25, 2016)
On April 25, 2016, the Second Circuit reinstated (reinflated?) the four-game suspension previously imposed upon New England Patriots quarterback, Tom Brady, for his participation in what has come to be known as “Deflategate,” including the destruction of his cellular phone and its contents.
Key Insight: court allows keyword search of one database (agreed to by party) but denies search of three others deeming them disproportionate
Nature of Case: patent infringement
Electronic Data Involved: database
Keywords: keyword search, disproportionate,
Key Insight: anti spoliation notice to third party re fax transmission reports and meta data not reasonable without notice to party
Nature of Case: Telephone Consumer Protection Act (?TCPA?)
Electronic Data Involved: fax transmission reports
Keywords: fax meta data and automatic deletion
Key Insight: Adverse inference when Brady destroyed cell phone days and subsequently punished for non-cooperation before trial was proper
Nature of Case: Collective Bargaining Agreement
Electronic Data Involved: Cell phone data
Keywords: football, Tom Brady, deflategate, collective bargaining agreement,
Key Insight: inadvertent destruction of computer after litigation hold not sanctioned
Nature of Case: wrongful termination
Electronic Data Involved: work computer
Keywords: no bad faith
Key Insight: social media that was not authenticated was admitted at trial
Nature of Case: criminal, aggravated assault
Electronic Data Involved: inauthenticated social media evidence
Keywords: social media, in-authenticated, admissible
Key Insight: whether stating that “ESI request is not relevant or proportional” is not sufficient.
Nature of Case: breach of contract
Electronic Data Involved: emails
Keywords: informal internal emails
Identified State Rule(s): D. Kan. 37(2)
Key Insight: Proportionality, Fraud
Nature of Case: Non-compete enforcement
Electronic Data Involved: scope of discovery
Keywords: Sedona principles
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