Key Insight: How far does court’s discretion on discovery sanctions extend when it comes to dismissing a suit with prejudice?
Nature of Case: Employee medical benefits litigation
Keywords: Discovery sanctions, dismissal, Failure to comply, dismissal with prejudice
Key Insight: Defendant’s failure to preserve and produce ESI responsive to plantiffs’ discovery requests.
Nature of Case: unpaid wages and overtime claims collective action
Electronic Data Involved: deleted electronic records, undecipherable codes, mobile device data, text messages
Keywords: adverse inference instruction, unintelligible, mockery of the orderly administration of justice
Key Insight: Spoliation claims should be brought up during discovery as a motion to compel, not summary judgment, spoliation also requires an intent to deprive
Nature of Case: Product defect
Electronic Data Involved: Electronic car records
Keywords: spoliation, summary judgment, camping world, motor home
Key Insight: A 16 minute speculative phone call to an attorney is not enough to create a duty to preserve, direct evidence of bad faith is also necessary
Nature of Case: Employee overtime wages
Electronic Data Involved: Deleted e-mails
Keywords: Spoliation, FLSA, overtime
Key Insight: Sampling the null set is appropriate and proportional
Nature of Case: Antitrust
Electronic Data Involved: Electronically stored documents generally
Keywords: prescription medication, Acthar, clowns, TAR,
Key Insight: Discoverability of the identity and communications of users of anonymous messaging services.
Nature of Case: Suit against supporters of “Unite the Right” rally
Electronic Data Involved: anonymous communications, anonymous user account info, Discord records
Keywords: anonymous communications, stored communications act, first amendment rights, Discord, third party subpoenas
Key Insight: Production of nearly 170 thousand documents containing almost 2.6 million pages (app. 72% of total production) weeks before depositions to start was not sanctionable as Plaintiff had fought to keep broad discovery requests.
Nature of Case: Inadequate and Substandard Care in State Facilities
Electronic Data Involved: Email and Documents
Keywords: Proportionality; Document “Dump”
Key Insight: Trial Court had denied request for documents. Third Circuit remanded for further review based off four-factor discretionary test after finding that it met the basic statutory requirements to be considered.
Nature of Case: Trade Secret
Electronic Data Involved: Documents in US, desired for foreign matter
Keywords: foreign proceeding.
Key Insight: Compelling Defendant to produce ESI prior to parties reaching an impasse
Nature of Case: Fair Labor Standards Act (FLSA) collective action
Electronic Data Involved: all ESI germane to identified corporate custodians and 30(b)(6) corporate representatives, share drive content
Keywords: impasse, corporate custodian, 30(b)(6) witness, inability to cooperate, randomized, share drive
Key Insight: temporal limitations on document discovery
Nature of Case: abatement and remediation of pollution
Electronic Data Involved: electronic records
Keywords: temporal scope, temporal limitations, relevant time period, work-product protection, 30(b)(6) notices
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