Key Insight: if a motion to deny a class certification can be granted before discovery
Nature of Case: telemarketing, telephone consumer protection act
Electronic Data Involved: discovery showing common questions for a class certification
Keywords: class certification, rule 23
Key Insight: This dispute was over which party was obligated to translate (or pay for the cost of translating) documents that were produced by Defendants (in response to document requests) into English. Plaintiffs filed a Motion to Compel Defendants to translate the documents and/or pay for the cost of translation, The Court denied it, finding that Defendants were neither obligated to translate the documents nor responsible for the cost(s) of translation. However, the court noted in a footnote that a party that produces documents in response to an interrogatory may be required to provide translations.
Nature of Case: Unfair Competition, Defamation
Electronic Data Involved: Documents
Key Insight: whether a request for a specific format is an undue burden
Nature of Case:
Electronic Data Involved: documents produced in TIFF format versus native format
Keywords: undue burden, TIFF, native, cybersecurity
Identified State Rule(s): 214(b)
Key Insight: who bears the burden of paying for translation of foreign language documents
Nature of Case: unfair competition, false advertising, defamation, false light, trade libel, and tortious interference
Electronic Data Involved: foreign language documents
Keywords: foreign language, translation, machine translation, burden to pay
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