Key Insight: Whether sanctions appropriate following defendants’ destruction of recordings, litigation hold
Nature of Case: personal injury
Electronic Data Involved: Video recordings
Keywords: spoliation, intent to deprive, adverse inference, prejudice
Key Insight: Findings for attorneys fees may rely on factual findings not considered by the jury’s verdict.
Nature of Case: patent infringement litigation
Keywords:
Key Insight: When ESI is relevant, they must be provided in a format that is readable by opposing counsel
Nature of Case: Personal injury (product liability, car accident)
Electronic Data Involved: Computer modeling files
Keywords: GM, Chevrolet Silverado, rollover,
Key Insight: failure to meet and confer, failure to adequately respond to interrogatories
Keywords: unspecified sanction, automatic sanctions, proportionality
Key Insight: The Stipulated Protective Order is too broad and is not consistent with the RCP
Nature of Case: Transgender/sex employment discrimination
Electronic Data Involved: confidential documents, Stipulated Protective Order
Keywords: Stipulated Protective Order, confidential, Rules of Civil Procedure
Key Insight: failure to have a third party preserve relevant data
Nature of Case: request for a permanent injunction to block film distribution
Electronic Data Involved: text messages
Keywords: third party, spoliation, control, adverse inference, sanctions, practical ability, intent to deprive, subpoena
Key Insight: violation of repeated discovery orders warrants the substantial sanction of dismissing the counts.
Nature of Case: Massive debt-collection scheme
Keywords: payment processor, debt collector, collector, robo-call.
Key Insight: Court refused to grant relief under 37(e) because moving party failed to show that ESI was lost because of a failure to take reasonable steps/
Nature of Case: wrongful death, unlawful arrest
Electronic Data Involved: email, telephone recordings
Keywords: Reasonable steps, sanctions, deleted ESI
Key Insight: Data link
Nature of Case: Insurance claim, Personal injury action
Electronic Data Involved: Documents, social media records including Facebook/ Twitter?Instagram ” data link”. photos
Keywords: Personal injury, Insurance claim, “data link”.
Key Insight: Repeated discovery obligation failures merited district court sanctions
Nature of Case: trademark infringement
Electronic Data Involved: Written discovery responses
Keywords: Missed discovery deadlines
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