Case Summaries – Page 102 – Electronic Discovery Law

Matthew Enterprise, Inc. v. Chrysler Group LLC, No. 13-cv-04236-BLF (N.D. Cal. May 23, 2016).

May 23 2016

Key Insight: Plaintiff threatened legal action, but failed to have it’s vendor stop automatic deletion and did not preserve recrods when email system changed. Defendant was prejudiced by this spoilation. Court allowed witnesses to testify to spoilation and potential contents of those communications.

Nature of Case: incentive programs and Robinson-Patman Act violations

Electronic Data Involved: internal and external communications

Keywords: spoilation; vendor

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Citing Restoration and Production of Deleted Emails, Court Denies Sanctions

May 17 2016

FiTeq Inc. v. Venture Corp., No. 13-cv-01946-BLF, 2016 WL 1701794 (N.D. Cal. Apr. 28, 2016)

In this case, the court denied Plaintiff’s motion to “instruct jurors that they may presume Venture carried out or allowed the destruction of relevant evidence favorable to FiTeq” despite an executive’s deletion of potentially relevant emails where the messages were eventually recovered and produced and where Plaintiff failed to prove that other responsive documents existed or to establish that the ESI was not restored or replaced.

In re Bridge Construction Services of Florida, Inc., No. 12-cv-3536 (S.D.N.Y. May 12, 2016).

May 12 2016

Key Insight: Adverse inference granted where physical evidence was lost.

Nature of Case: Marine

Electronic Data Involved: notebook/logbook

Keywords: adverse inference

Court Orders Production of “Download Your Info” Report from Facebook

May 11 2016

Rhone v. Schneider Nat’l Carriers, Inc., No. 4:15-cv-01096-NCC, 2016 WL 1594453 (E.D. Mo. Apr. 21, 2016)

In this personal injury case, the court ordered Plaintiff to produce a “Download Your Info” report from Facebook, spanning from the date of the at-issue incident (June 2, 2014) through the present. Per Facebook’s Help Center (last accessed May 10, 2016) a report contains 70 categories of information, including: About Me, Chat (history), Friends, Followers, Logins, Logouts, Messages, Photos, Photos Metadata, Posts by You, Posts by Others, Post to Others, Removed Friends, Searches, Shares, Status Updates, and Videos.

Deflategate Reinflated: Second Circuit Reinstates Brady Suspension for Participating in Deflation Scheme and Obstructing Investigation

May 03 2016

Nat’l Football League Mgmt. Council v. Nat’l Football League Players Assoc., — F.3d —, 2016 WL 1619883 (2d Cir. Apr. 25, 2016)

On April 25, 2016, the Second Circuit reinstated (reinflated?) the four-game suspension previously imposed upon New England Patriots quarterback, Tom Brady, for his participation in what has come to be known as “Deflategate,” including the destruction of his cellular phone and its contents.

AVM Technologies LLC v. Intel Corp. (D. Del., 2016)

May 03 2016

Key Insight: court allows keyword search of one database (agreed to by party) but denies search of three others deeming them disproportionate

Nature of Case: patent infringement

Electronic Data Involved: database

Keywords: keyword search, disproportionate,

Swetlic Chiropractic & Rehabilitation Center, Inc. (S.D. Ohio, 2016)

Apr 27 2016

Key Insight: anti spoliation notice to third party re fax transmission reports and meta data not reasonable without notice to party

Nature of Case: Telephone Consumer Protection Act (?TCPA?)

Electronic Data Involved: fax transmission reports

Keywords: fax meta data and automatic deletion

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Martin v. Stoops Buick, Inc. (S.D. Ind., 2016)

Apr 25 2016

Key Insight: inadvertent destruction of computer after litigation hold not sanctioned

Nature of Case: wrongful termination

Electronic Data Involved: work computer

Keywords: no bad faith

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National Football League Mgmt. Council v. National Football League Players Assoc. (2nd Circuit Court of Appeals, 2016)

Apr 25 2016

Key Insight: Adverse inference when Brady destroyed cell phone days and subsequently punished for non-cooperation before trial was proper

Nature of Case: Collective Bargaining Agreement

Electronic Data Involved: Cell phone data

Keywords: football, Tom Brady, deflategate, collective bargaining agreement,

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Catagory:Case Summaries