May 12, 2017 – Electronic Discovery Law

Westfield Ins. Co. v. Icon Legacy Custom Modular Homes, 321 F.R.D. 107 (4:15-cv-00539) (M.D. Pa. 2017).

May 12 2017

Key Insight: Contract was not ambiguous so extrinsic evidence not admissable. Therefore discovery of file was not proportional or calculated to lead to admissable evidence.

Nature of Case: declaratory judgment and bad faith

Electronic Data Involved: underwriters claim file

Keywords: admissability; proportionality; extrinsic evidence

View Case Opinion

Taylor v. Thrifty Payless, Inc., d/b/a Rite-Aid, No. 16-00474 (D. Or. May 12, 2017)

May 12 2017

Key Insight: Defendant had reviewed video recording twice and did not show area of spill and fall. Deleted recording per their normal 37 day video retention policy. Defendant moved for summary judgment, Plaintiff argued should be sanctioned by not granting order. Judge granted summary judgment.

Nature of Case: Personal Injury

Electronic Data Involved: Video Recording

Keywords: Summary Judgment; Retention Policy

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Archive - May 12, 2017