January 2020 – Electronic Discovery Law

Nguyen v. Costco Wholesale Corporation (S.D. Fla 2020)

Jan 27 2020

Key Insight: Defendant had no duty to preserve the allegedly spoliated video for the almost two years before the filing of the lawsuit because there was no indication Plaintiffs intended to pursue litigation. Plaintiffs failed to present evidence indicating the allegedly spoliated video was relevant to this litigation which would trigger a duty to take reasonable steps to preserve it. No sanctions are warranted.

Nature of Case: Slip and Fall Liability, Personal Injury

Electronic Data Involved: Surveillance Video

Case Summary

Nguyen v. Costco Wholesale Corp. (District of South Florida, 2020)

Jan 27 2020

Key Insight: spoliation of video evidence requested by plaintiff

Nature of Case: Slip and fall liability

Electronic Data Involved: Surveillance camera footage

Keywords: spoliation, surveillance, sanctions

View Case Opinion

Mannion, et al. v. Ameri-Can Freight Systems Incorporated, et al. (district of AZ, 2020)

Jan 27 2020

Key Insight: whether the issue of spoliation could be brought before the jury to decide if evidence was withheld and if that was justified

Nature of Case: personal injury, motor vehicle

Electronic Data Involved: Log books of defendant

Keywords: spoliation, jury instruction, question of law/fact

View Case Opinion

Rhino Metals, Inc. v. Sturdy Gun Safe, Inc. (District of Idaho, 2020)

Jan 22 2020

Key Insight: two reports for different suits, written by the same expert. defendants in those cases subpoenaed each other’s report to get it without confidentiality restrictions

Nature of Case: intellectual property infringement

Electronic Data Involved: expert report deemed confidential

Keywords: subpoena, expert report, confidential, privilege, protective order

View Case Opinion

Slingerland v. Crisp Marketing, LLC (Southern District of Florida, 2020)

Jan 17 2020

Key Insight: discovery requests overbroad

Nature of Case: telephone consumer protection act

Electronic Data Involved: general discovery

Keywords: scope of relevant discovery, class action

View Case Opinion

KCI USA, Inc. v. Healthcare Essentials, Inc., 797 Fed.Appx. 1002 (6th Cir. Jan. 16, 2020).

Jan 16 2020

Key Insight: Former attorneys sanctioned (firm and individually) for discovery failures during representation. Court determined they had been denied due process and sanctions should not have been imposed.

Nature of Case: Trade Practices, Unfair Competition, Tortious Interference

Electronic Data Involved: Various Items in Discovery

Keywords: discovery sanctions, individual attorneys, due process, notice

View Case Opinion

Hurry Family Revocable Trust, et al. v. Frankel (M.D. Fla. 2020)

Jan 14 2020

Key Insight: Plaintiffs filed a Motion to Compel Production of Documents and Request for Sanctions. The documents sought were specific emails. Opposing the Motion, Defendant argued that it was untimely as it was submitted four months after the discovery deadline, and that the emails sought were not responsive to Plaintiff’s earlier document (discovery) request. The Court denied Plaintiffs’ Motion.

Nature of Case: Intellectual Property, Trade Secrets

Electronic Data Involved: Email

Case Summary

In re WTG Fuels, Inc. (Texas Court of Appeals, 2020)

Jan 13 2020

Key Insight: discovery that is not authorized by law cannot be “untaken”. order that compels discovery beyond that allowed by law is abuse of discretion

Nature of Case: personal injury, property liability

Electronic Data Involved: WTG net worth documentation

Keywords: net worth discovery, abuse of discretion, motion to compel

View Case Opinion

In re Mercedes-Benz Emissions Litig. (District of NJ, 2020)

Jan 09 2020

Key Insight: dispute over search terms meant to identify documents

Nature of Case: environmental litigation

Electronic Data Involved: all discovery, search term protocol

Keywords: search term protocol, predictive coding, technology assisted review,

View Case Opinion

In re Mercedes-Benz Emissions Litigation (D. N.J. 2020)

Jan 08 2020

Key Insight: Although TAR is widely recognized as “cheaper, more efficient, and superior to keyword searching,” the responding party may decide for themselves the best method for producing their ESI. The court will not compel the utilization of TAR but may revisit the issue if Plaintiff contends the actual production is deficient.

Nature of Case: Environmental, Class Action

Electronic Data Involved: Electronic Documents Generally

Case Summary

Archive - January 2020