2018 – Page 11 – Electronic Discovery Law

Bradley v. County of San Joaquin (No. 17-cv-02313 (E.D. Cal. July 13, 2018), 2018)

Jul 13 2018

Key Insight: whether plaintiffs had met their burden to show that adequate meet and confer discussions took place prior to filing their motion to compel.

Nature of Case: 1983 Civil Rights Act claim

Electronic Data Involved: unspecified ESI

Keywords: “The burden of ensuring that proper meet and confer discussions take place is on the moving party”, plaintiffs did not make the necessary efforts to meet and confer”, “Plaintiffs were plainly deficient in their efforts”

Identified Local Court Rule(s): E.D. Cal. R. 251(b)

View Case Opinion

U.S. et al v. Supervalu, Inc. et al, No. 3:11-cv-03290-RM-TSH (C.D. Ill. July 12, 2018)

Jul 12 2018

Key Insight: Poor compliance of discovery, including destruction of a computer, does not imply bad faith for sanctions

Nature of Case: False Claims Act

Electronic Data Involved: Electronic notes of conversations

Keywords: Spoliation, defraud, healthcare, pharmacy, prescription

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Philpot v. LM Communs. II of S.C., Inc. (E.D. Ky., 2018)

Jul 10 2018

Key Insight: When can a spoliation sanctions motion be brought? When does the person against whom the motion is brought have a duty to preserve?

Nature of Case: Copyright

Electronic Data Involved: online photograph

Keywords: Spoliation sanctions, metadata, native file

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New Falls Corp. v. Soni, No. 16-cv-6805 (ADS) (AKT) (E.D.N.Y. July 5, 2018)

Jul 05 2018

Key Insight: production of ESI that party lacks possession of

Nature of Case: breach of contract

Electronic Data Involved: flash drive

Keywords: possession, relevance, custody, control, cost shifting, 34(a), non-party

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In re Application of HANSAIN VEST Hanseatische Investment-GmbH in respect of the Fund Aramea Rendite Plus; Trinity Investments Designated Activity Company (S.D. New York, 2018)

Jul 05 2018

Key Insight: Whether US based discovery can be used in a foreign proceeding

Nature of Case: 28 U.S.C. 1782 request for US based Discovery to be used in a foreign proceeding

Electronic Data Involved: Business documents

Keywords: US based discovery, foreign proceeding, serve document subpoenas

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Clientron Corp. v. Devon IT, Inc., 894 F.3d 568 (3d Cir. 2018)

Jul 05 2018

Key Insight: discovery misconduct sanctions

Nature of Case: breach of contract

Electronic Data Involved: electronic documents

Keywords: 37(b), pierce the corporate veil, alter ego liability, abuse of discretion

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Polaris Indus. v. Arctic Cat (Minnesota District, 2018)

Jul 03 2018

Key Insight: After later learning the theory recovering lost profits is based on, parties must rely on documents produced during discovery

Nature of Case: patent infringement

Electronic Data Involved: Documents

Keywords: recovering lost profits, inexorable-flow theory damages, scope of discovery

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Rood v. Liberty Ins. Underwriters, Inc. (District of Nevada, 2018)

Jul 02 2018

Key Insight: One party failing to perform their duties in discovery does not absolve the other party’s failures

Nature of Case: Breach of contract

Electronic Data Involved: Electronic documents generally

Keywords: “I know you are, but what am I?” , playground tantrum, unclean hands

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Hinostroza v. Denny’s Inc., No. 2:17-cv-02561-RFB-NJK (D. Nev. June 29, 2018)

Jun 29 2018

Key Insight: Defendant’s motion (granted) to compel discovery from various plaintiff sources of ESI, including social media accounts.

Nature of Case: slip and fall injuries

Electronic Data Involved: emails, text messages, FitBit, social media

Keywords: slip and fall, social media, reflective of an individual’s contemporaneous emotions and mental state.

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Webastro Thermo & Comfort North America, Inc., et al. v. Bestop, Inc. (Eastern District of Michigan, 2018)

Jun 26 2018

Key Insight: Providing evidence of voluminous discovery allows for narrowing of search terms

Nature of Case: Patent infringement

Electronic Data Involved: Electronic documents

Keywords: Webasto, Jeep,

View Case Opinion

Archive - 2018