Key Insight: whether a FRCP 56(d) motion will be granted when the moving party, in bad faith, fails to conduct discovery diligently
Nature of Case: breach of contract
Electronic Data Involved: billing records
Keywords: summary judgment; additional discovery
Key Insight: Whether a subpoena for document production is subject to the 100-mile limitation of FRCP 45
Nature of Case: breach of contract, bad faith, unjust enrichment, fraud
Electronic Data Involved: electronic records
Keywords: FRCP 45, 45(c)(2)(A), 100 mile limit, subpoena duces tecum, nonparty production
Key Insight: There do not seem to be discovery issues
Nature of Case: Copyright/trademark
Electronic Data Involved: Youtube video
Keywords: Foreign service, serve via email, video games
Key Insight: whether specific discovery could be compelled to complete a deposition with no real argument of relevancy
Nature of Case: trade secret infringement
Electronic Data Involved: board minutes discussing third-party litigation funding
Keywords: Third-party litigation funding, board minutes, deposition
Key Insight: Court limited use of foreign materials to those relevant to the case. Only items where respondent involved were allowed.
Nature of Case: Fraud
Electronic Data Involved: Materials used in foreign legal proceedings
Keywords: Foreign Proceedings
Key Insight: Failure to disclose ID Card and expert report on testing precluded use of them
Nature of Case: Wrongful Death
Electronic Data Involved: Identification Card
Keywords: Expert Reports; Failure to Disclose
Key Insight: sanctions for failure to produce emails between plaintiff’s counsel and third party in response to discovery requests
Nature of Case: private nuisance, breach of contract
Electronic Data Involved: e-email
Keywords: “obligation to disclose communications between its attorney and third parties”, “proposed sanction is an extremely harsh sanction”, “frequently corresponded by e-mail with numerous third parties”, “privilege log”
Key Insight: third-party, relevancy, “objections lack support and do not adequately provide a basis for the Court to grant them”
Nature of Case: Antitrust, consumer protection, racketeering
Keywords: overbroad, unduly burdensome, boilerplate, quash
Key Insight: Do not challenge authenticity of a document when an identical copy is in possession
Nature of Case: Loan contract
Electronic Data Involved: Electronic copy of contract
Keywords: Sanctions, mislead, abuse of discretion, bad faith, authenticity, perjury
Key Insight: Spoliation; Duty to preserve; AC/WP; Voluntary disclosure doctrine
Nature of Case: Personal injury
Electronic Data Involved: ESI; Videos; Digital data and metadata; Photographs; SD/media card; email; Forensic exam of cell phone
Keywords: Dishonest report of personal injury; Summary Judgment; FRSA; LIA; Spoliation; dispositive sanctions; extraordinary circumstances; Willfulnes; Bad Faith; Prejudices; adverse inference; misappropriated documents; AC/WP
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