KLG PDF Import – Page 64 – Electronic Discovery Law

Helget v. City of Hays (10th Cir., 2017)

Jan 04 2017

Key Insight: Measures to cure prejudice should be no greater than necessary, but if a party acts with intent to deprive, the court may presume unfavorability, issue an adverse inference, or dismiss and enter a default. You must raise your spoliation motions before summary judgment is ruled on.

Nature of Case: Unlawful termination

Electronic Data Involved: relevant electronic communications and documents

Keywords: prejudice, spoliation, intent to deprive, adverse influence

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Perez v. KDE Equine, LLC, No. 3:15-cv-00562 (W.D. Ky. Jan. 4, 2017).

Jan 04 2017

Key Insight: Interrogatories asking for evidence proving or disproving engagement in interstate commerce are improper due to requesting conclusions of law.

Nature of Case: fair labor standards act violations

Keywords: interstate commerce

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Singh et al. v. Hancock Natural Resources Group, Inc. et al. (E.D. Cal., 2016)

Dec 29 2016

Key Insight: ordered to produce original emails between parties with metadata not versions forwarded to law office

Nature of Case: breach of contract

Electronic Data Involved: emails and metadata

Keywords: farm sale, email metadata

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Pennsylvania Public School Employees Retirement System v. Bank of America (District Court of Southern District of New York, 2016)

Dec 27 2016

Key Insight: whether billing temporary contract attorneys at the firm’s standard rates is excessive to award attorney fees

Nature of Case: Securities action

Electronic Data Involved: n/a

Keywords: attorney fees, lodestar, temporary associates

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Cahill v. Dart (N.D. Ill., 2016)

Dec 02 2016

Key Insight: what sanction for failure to preserve evidence

Nature of Case: false arrest and malicious prosecution

Electronic Data Involved: digital video

Keywords: adverse inference, intent

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McQueen v. Aramark Corp. – 201611 (D. Utah, 2016)

Nov 29 2016

Key Insight: Sanctions imposed after defendant’s failure to preserve relevant ESI after receiving a preservation letter from plaintiff.

Nature of Case: Wrongful death.

Electronic Data Involved: ESI work orders and related paper records.

Keywords: Defendant acted with gross negligence, but without intent to deprive the plaintiff of the information’s use in the litigation.

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Reed v. Kindercare Learning Centers, et al. (W.D. Wash., 2016)

Nov 17 2016

Key Insight: imperfect and slow, gradual production not sanctioned

Nature of Case: disability discrimination, failure to accommodate, retaliation, ? 1983 violations, and wrongful termination in violation of public policy

Electronic Data Involved: emails

Keywords: flawed retention policies,

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Venturedyne v. Carbonyx (ND Ind., 2016)

Nov 15 2016

Key Insight: Specific metrics needed to object to the burden of a key-word search. Defendant objected to document requests on relevancy grounds.

Nature of Case: Contract breach.

Electronic Data Involved: Key-word search of ESI.

Keywords: Cooperation and the negotiation of keywords. Transparency in all aspects of preservation and production of ESI.

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Nkansah v. Martinez (Middle District of Lousiana, 2016)

Nov 07 2016

Key Insight: Even broadly worded discovery requests can be granted as long as the information is relevant to discovery and no objections are made

Nature of Case: Automobile accident insurance coverage

Electronic Data Involved: Electronic records

Keywords: Truck, accident, insurance

View Case Opinion

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