Catagory:Case Summaries

1
County of Cook v. Bank of America Corp. (N.D. Ill., 2019)
2
Boehm v. Pure Debt Solutions Corporation – 8:19-cv-00117-LSC-CRZ (District of Nebraska, 2019)
3
In re del Valle Ruiz, No. 18-3226 (2nd Cir. 2019).
4
Guarisco v. Boh Brothers Construction, No. 18-7514 (E.D. La. Oct. 3, 2019).
5
Cruz v. G-Star Inc., No. 17 Civ. 7685 (PGG) (S.D.N.Y. Sept. 30, 2019)
6
Brave Law Firm, LLC v. Truck Accident Lawyers Group, Inc., No. 17-1156-EFM (D. Kan. Sept. 20, 2019).
7
Abdul Latif Jameel Transportation Company Limited v. FedEx Corporation, No. 19-5315 (US Court of Appeals 6th Circuit. , 2019)
8
In re Application to Obtain Discovery for Use in Foreign Proceedings (6th Circuit, 2019)
9
Saulsberry v. Savannah River Remediation, LLC, (D. S.C., 2019)
10
Ad Astra Recovery Services, Inc. v. Heath et al (D. Kan., 2019)

County of Cook v. Bank of America Corp. (N.D. Ill., 2019)

Key Insight: Absolute perfection is not a goal of the discovery process. The county’s claim of burden is unsubstantiated, there is no burden claimed but for ESI privilege review. The burden does not outweigh the proportionality here.

Nature of Case: Fair Housing Act violations

Electronic Data Involved: ESI information concerning mortgage, marketing, etc

Keywords: Proportionality, TAR, burden

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Boehm v. Pure Debt Solutions Corporation – 8:19-cv-00117-LSC-CRZ (District of Nebraska, 2019)

Key Insight: preservation of data for future discovery in class action.

Nature of Case: Violation of Telephone Consumer Protection Act

Electronic Data Involved: data or documents that may be relevant to a putative class action.

Keywords: preservation, class action, third-party preservation

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Guarisco v. Boh Brothers Construction, No. 18-7514 (E.D. La. Oct. 3, 2019).

Key Insight: Party could still be sanctioned to pay expert fees where party unsuccessfully altered evidence.

Nature of Case: Automobile accident.

Electronic Data Involved: Photographs and videos.

Keywords: “altering” “deleting” “deliberate[ly]” “computer scientist” “Facebook post”

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Cruz v. G-Star Inc., No. 17 Civ. 7685 (PGG) (S.D.N.Y. Sept. 30, 2019)

Key Insight: Plaintiff never articulated claims that would make reasonable person believe lawsuit was likely. No duty to preserve had yet attached when Plaintiff when to HR.

Nature of Case: Discrimination

Electronic Data Involved: emails and SAP account

Keywords: Imminent litigation; adverse inference

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Brave Law Firm, LLC v. Truck Accident Lawyers Group, Inc., No. 17-1156-EFM (D. Kan. Sept. 20, 2019).

Key Insight: Sanctions granted for first claiming withholding all responsive documents, then claiming there were no responsive documents. Protective Order violated by using information obtained under protective order to locate public information.

Nature of Case: false advertising/trademark infringement

Electronic Data Involved: Document related to claimed settlement achieved

Keywords: privilege, sanctions

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Abdul Latif Jameel Transportation Company Limited v. FedEx Corporation, No. 19-5315 (US Court of Appeals 6th Circuit. , 2019)

Key Insight: Whether the private arbitration panel in this case is considered a “foreign or international tribunal” and therefore whether discovery may be ordered under section 1782(a)

Nature of Case: contract dispute, application for arbitration discovery

Electronic Data Involved: arbitration discovery and “foreign or international tribunal”

Keywords: arbitration, ordered discovery, “foreign or international tribunal”

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In re Application to Obtain Discovery for Use in Foreign Proceedings (6th Circuit, 2019)

Key Insight: can provision 1782(a) be extended to use in private arbitration

Nature of Case: supply-chain logistics

Electronic Data Involved: use of discovery in private arbitration

Keywords: private arbitration, tribunal, provision 1782(a)

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Ad Astra Recovery Services, Inc. v. Heath et al (D. Kan., 2019)

Key Insight: ordered to produce a sample of 10 calls chosen by requesting party to see if information duplicative

Nature of Case: RICO

Electronic Data Involved: audio recordings of phone calls

Keywords: credit collector sues firm representing debtors

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