January 8, 2021 – Electronic Discovery Law

In re Valsartan N-Nitrosodimethylamine, Losartan, & Irbesartan Prod. Liab. Litig. (D.N.J. 2021)

Jan 08 2021

Key Insight: Defendant claimed that information sought by Plaintiff was discoverable. Plaintiff objected on the basis of confidentiality, and the Court struck Defendant’s confidentiality designations. Specifically, the Court rejected Defendant’s claims that the emails sought contained trade secret and proprietary information, and had the potential to cause it competitive harm. The Court ordered Defendant to use the it’s ruling as an example for dealing with similarly designated documents.

Nature of Case: Diversity, Product Liability

Electronic Data Involved: Email

Case Summary

Balderas v. Ill. Cent. R.R. Co. (N.D. Ill. Jan. 8, 2021)

Jan 08 2021

Key Insight:

Further discovery must be based on more than mere speculation or suspicion that additional documents exist. The moving party must make a case showing “it can be reasonably deduced that other documents exist[.]”

The Court was unable to reach a ruling regarding Plaintiff’s requested search terms due to insufficient information. While Defendants did reject the terms and did not provide alternatives, plaintiff did not say what the requested terms were or why they were rejected.

With regards to specific discovery requests, Defendants were ordered to search for and produce responsive documents. The Court noted “boilerplate” objections without further explanation are equivalent to making no objection at all and individual authorization to access electronic communications is not required when the individuals are parties to the case. Additionally, emails and texts messages party’s employee are a compelling form of evidence that can be particularly significant in litigation.

Nature of Case: Civil Rights, Employment Discrimination

Electronic Data Involved: Personnel Records, Business Records, Electronic Communications, Email, Texts, Voicemails, Instant Messages, Electronic Documents Generally

Case Summary

Archive - January 8, 2021