Diamond Offshore Services Ltd. v. Williams (Tex. Sup. Ct., 2018)
Key Insight: A court must view video evidence before ruling on its admissibility, generally
Nature of Case: Workplace accident
Electronic Data Involved: Video
Keywords: Video evidence
Homer v. Nationwide Mutual Insurance Company, No. 2-15-cv-01184 (3rd Cir. Feb. 27, 2018)
Key Insight: A discovery dispute itself is not necessarily bad faith
Nature of Case: Insurance coverage litigation
Keywords: bad faith, discovery, expert witness
The Physicians Alliance Corporation v. Wellcare Health Insurance of Arizona, Inc, Et Al. (Middle District of Louisana, 2018)
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
Eileen Nece v. Quicken Loans, Inc., No. 8:16-cv-02605-SDM-CPT (M.D. Fla. Feb. 27, 2018)
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
Universal North American Insurance v. Blue Rhino (D. N.J., 2018)
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
SodexoMAGIC, LLC v. Drexel University (E.D. Pa., 2018)
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
Watkins v. New York Transit Authority, 2018 WL 895624, No. 1:2016cv04161 (S.D.N.Y. Feb. 13, 2018)
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
Performance Pulsation Control, Inc. v. Sigma Drilling Techs., LLC, et al., No. 4:17-CV-00450 (E.D. Tex. Feb. 13, 2018)
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
Kelly Forman v. Mark Henkin (New York Court of Appeals, 2018)
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
American Honda v. Thygesen (S.Ct. Okla., 2018)
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)