Key Insight: A discovery dispute itself is not necessarily bad faith
Nature of Case: Insurance coverage litigation
Keywords: bad faith, discovery, expert witness
Key Insight: Discovery costs must be proportional to the amount in controversy ($20 million in dispute allows for at least $13,000 in discovery costs)
Nature of Case: Contract breach
Electronic Data Involved: Electronic documents/communications
Keywords: Backup tapes, proportionality, catastrophic failure
Key Insight: Requested ESI must be proportional to damages
Nature of Case: TCPA do-not-call
Electronic Data Involved: Email
Keywords: Class action, proportional, TCPA
Key Insight: whether spoliation justifies issuance of summary judgment on the merits
Nature of Case: product design defect
Electronic Data Involved: charcoal grill
Keywords: failure to preserve, summary judgment, degree of prejudice, intent, lesser sanctions
Key Insight: Due diligence is req’d to preserve ACP. Merely CCing counsel is not sufficient.
Nature of Case: Contract
Electronic Data Involved: E-mails
Keywords: counsel communications
Key Insight: Plaintiff traded in her cell phone, Defendant requested an adverse inference for spoliation
Nature of Case: hostile work environment and retaliation
Electronic Data Involved: text messages
Keywords: spoliation, adverse inference, text messages
Key Insight: Broad requests by Plaintiff were narrowed by conference and court decision to time period during and after Defendant’s employment
Nature of Case: Misappropriation of Trade Secrets and Confidential Information
Electronic Data Involved: E-mails and Documents
Keywords: proportionality, relevancy, time-limited
Key Insight: Privacy settings do not govern scope of disclosure of social media materials
Nature of Case: Personal injury
Electronic Data Involved: Facebook posts
Keywords: Facebook, privacy setting, horse, social media
Identified State Rule(s): CPLR 3101, CPLR 3103
Key Insight: Safe harbor, since it was destroyed long before the suit was filed or foreseeable
Nature of Case: Products liability
Electronic Data Involved: ESI design information
Keywords: Spoliation sanctions
Identified State Rule(s): 12 O.S. 2011 ? 3237(G)
Key Insight: 4 deleted messages were lost, as they could not be recovered from other defendants
Nature of Case: right to surf free from harassment
Electronic Data Involved: text messages
Keywords: spoliation, duty to preserve
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