KLG PDF Import – Page 61 – Electronic Discovery Law

Shawe v. Elting (Delaware, 2017)

Feb 13 2017

Key Insight: Even if documents are recovered from deletion, sanctions may still be proper, sanctions are proper when failing to adhere to litigation holds, sanctions based on perjury are not criminal charges of perjury, extreme bad-faith litigation allows for cost shifting of attorney’s fees

Nature of Case: Litigation misconduct

Electronic Data Involved: Electronic files

Keywords: 7 million, sanctions, unusually deplorable, perjury, bizarre, rat droppings

Identified State Rule(s): “American Rule”

View Case Opinion

Lindsey v. Butterfield Health Care II, Inc (Ill. App. , 2017)

Feb 09 2017

Key Insight: whether long term care facility must provide clinical records of injury subsequently provided to Quality Assurance Comittee

Nature of Case: personal injury

Electronic Data Involved: Investigative records

Keywords: privileged, Quality Assurance Act

View Case Opinion

Charles v. City of New York (E.D. N.Y., 2017)

Feb 08 2017

Key Insight: Court ruled that it could not be inferred from mere negligence that the recording would be favorable to defendants. Other sources of information/discovery were available as well. An application of Rule 37(e) would make no difference (the rule was not cited).

Nature of Case: Civil rights

Electronic Data Involved: Deleted cell phone video

Keywords: spoliation, sanctions, adverse inference

View Case Opinion

Davine v. Golub Corp. (Massachusetts District, 2017)

Feb 08 2017

Key Insight: Predictive coding models are legitimate, and document review can stop when the burden outweighs the benefits.

Nature of Case: wage and hour class action

Electronic Data Involved: archived email

Keywords: privilege log, predictive coding,

View Case Opinion

Simon v. Northwestern Univ., No. 1:150CV01433, 2017 WL 467677 (N.D. Ill. Feb. 3, 2017)

Feb 03 2017

Key Insight: Compelling ESI prematurely is not needed if the records will be preserved throughout litigation

Nature of Case: malicious prosecution

Electronic Data Involved: emails, documents

Keywords: Scope of ESI search terms, willingness to produce

View Case Opinion

Morgan Hill Concerned Parents Assoc. v. California Dept. of Education (Eastern District of California, 2017)

Feb 02 2017

Key Insight: Parties may request specific format type of documents and opposing party must timely object to change format

Nature of Case: Education access

Electronic Data Involved: Emails

Keywords: Native format, FAPE, free appropriate public education, Individuals with Disabilities Education Improvement Act

View Case Opinion

Patrick v. Tractor Supply, Co., No. 16-10755, 2017 WL 396301 (E.D. La. Jan. 30, 2017)

Jan 30 2017

Key Insight: Trial court exercises discretion to impose sanctions (no Rule 37(e) used), no bad faith found when requesting footage of the incident where footage surrounding the incident was deleted due to normal retention policies (negligence at best)

Nature of Case: Personal injury (slip and fall)

Electronic Data Involved: Store video footage

Keywords: slip and fall, constructive notice, cable wire, summary judgment

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Regeneron Pharmaceuticals v. Merus (Fed. Cir., 2017)

Jan 27 2017

Key Insight: The court inferred from plaintiff’s improper discovery conduct, hiding documents, privilege problems, etc, into the main case as evidence that the plaintiffs were untrustworthy.

Nature of Case: Patent infringement

Electronic Data Involved: Multiple types of scientific documents, charts, business papers, etc.

Keywords: Spoliation, privilege log, uncooperative discovery, inequitable conduct, litigation misconduct

View Case Opinion

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