December 21, 2017 – Electronic Discovery Law

Nelson v. Schultz (7th Cir., 2017)

Dec 21 2017

Key Insight: Judges should weigh lesser sanctions before dismissing a case, but are not required to.

Nature of Case: Breach of Contract, Torts

Electronic Data Involved: Tax and bank statements

Keywords: failure to respond, discovery sanctions, discovery misconduct

Dec 21 2017

Key Insight: ESI does not need to be produced if it is from sources not reasonably accessible on account of undue burden or cost.

Nature of Case: medical fees

Electronic Data Involved: medicare documents, etc

Keywords: undue burden, not reasonably accessible, third party requests

Dec 21 2017

Key Insight: No produced emails were from the Mayor. Mayor’s deposition not necessary or proportional to needs of the case.

Nature of Case: employment discrimination and retaliation

Electronic Data Involved: Over 6,500 emails and attachments produced by defendant.

Keywords: Relevant and proportional, proportionality, mere conjecture and conclusory statements.