Catagory:Case Summaries

1
Fatpipe Networks India, Ltd. v. Xroads Networks, Inc., No. 2:09-CV-186 TC DN, 2012 WL 192792 (D. Utah Jan. 23, 2012)
2
Race Tires Amer., Inc. v. Hoosier Racing Tire, Corp., 674 F.3d 158 (3d Cir. 2012)
3
Hudson v. AIH Receivable Mgmt. Servs., No. 10-2287-JAR-KGG, 2012 WL 1194329 (D. Kan. Mar. 14, 2012)
4
Special Markets Ins. Consultants, Inc. v. Lynch, No. 11 C 9181, 2012 WL 1565348 (N.D. Ill. May 2, 2012)
5
Illiana Surgery and Med. Ctr., No. 2:07 cv 3, 2012 WL 2049828 (N.D. Ind. June 5, 2012)
6
Estate of Carlock v. Williamson, No. 08-3075, 2012 WL 3878595 (C.D. Ill. Sept. 6, 2012)
7
DMAC LLC v. City of Peekskill, No. 09 Civ. 5093 (GAY), 2012 WL 4459290 (S.D.N.Y. Sept. 26, 2012)
8
Augstein v. Leslie, No. 11 Civ 7512(HB), 2012 WL 4928914 (S.D.N.Y. Oct. 17, 2012)
9
Vasudevan Software, Inc. v. Microstrategy, Inc., No. 11-cv-06637-RS-PSG, 2012 WL 5637611 (N.D. Cal. Nov. 15, 2012)
10
United States v. Warner, No. C 11-04181 LB, 2012 WL 6087193 (N.D. Cal. Dec. 6, 2012)

Fatpipe Networks India, Ltd. v. Xroads Networks, Inc., No. 2:09-CV-186 TC DN, 2012 WL 192792 (D. Utah Jan. 23, 2012)

Key Insight: Where defendant claimed infringement based on alleged testing of defendant?s devices but claimed that no testing documentation was created and where, upon a neutral third party?s examination of the relevant devices, it was revealed that two key logs were missing expected messages and reflected abnormal device behaviors that plaintiff was unable to explain, the court held that defendant was prejudiced by plaintiff?s failure to protect and preserve the logs and the resulting inability to verify purported testing and thus ordered that all evidence of plaintiff?s testing of the devices would be precluded from introduction to the record or other use and ordered plaintiff to pay defendant?s expenses associated with the sanctions motion

Nature of Case: Patent infringement

Electronic Data Involved: Log messages, evidence of testing

Race Tires Amer., Inc. v. Hoosier Racing Tire, Corp., 674 F.3d 158 (3d Cir. 2012)

Key Insight: On appeal, the Third Circuit vacated the District Court?s approval of taxable costs related to electronic discovery and remanded with instruction to re-tax in accordance with this opinion. Specifically, the court concluded that the relevant vendors? charges ?would not qualify as fees for ?exemplification?? and that ?of the numerous services the vendors performed, only the scanning of hard copy documents, the conversion of native files to TIFF, and the transfer of VHS tapes to DVD involved ?copying?? and were thus recoverable.

Nature of Case: Antitrust

Electronic Data Involved: Vendor charges related to electronic discovery

Hudson v. AIH Receivable Mgmt. Servs., No. 10-2287-JAR-KGG, 2012 WL 1194329 (D. Kan. Mar. 14, 2012)

Key Insight: Where employee ?at the heart of Plaintiff?s claims of discrimination and harassment? ?misunderstood the requirements of the litigation hold? and continued his practice of deleting all emails every day but claimed that he never received or erased any emails related to plaintiff?s lawsuit and that all of his sent emails were preserved (as were the emails sent to him from his managers because of their compliance with the litigation hold), court found the deletions were negligent and ordered an instruction that the emails were destroyed and would have been favorable to plaintiff?s case

Nature of Case: Employment litigation

Electronic Data Involved: Email

Special Markets Ins. Consultants, Inc. v. Lynch, No. 11 C 9181, 2012 WL 1565348 (N.D. Ill. May 2, 2012)

Key Insight: Court granted motion to quash third party subpoenas seeking production of defendants? email records, emails, text messages, and other related information (from Yahoo and Verizon) where the court found defendants did have standing to challenge the subpoenas and where the court further found that the subpoenas violated the Stored Communications Act, which does not allow for the production of such information pursuant to civil subpoena

Nature of Case: Breach of employment contract

Electronic Data Involved: Email records and messages; phone records and text messages

Illiana Surgery and Med. Ctr., No. 2:07 cv 3, 2012 WL 2049828 (N.D. Ind. June 5, 2012)

Key Insight: Court granted motion to compel defendant to designate a 30(b)(6) deponent to be deposed regarding defendant?s method of maintaining electronically stored information during the relevant time period where the information was relevant to plaintiff?s claims of bad faith and where defendant had produced requested information in a piecemeal fashion and repeatedly supplemented production, despite previously claiming all relevant information had been produced

Nature of Case: Breach of insurance contract and bad faith

Electronic Data Involved: Deponent to testify regarding document management practices

Estate of Carlock v. Williamson, No. 08-3075, 2012 WL 3878595 (C.D. Ill. Sept. 6, 2012)

Key Insight: Court denied motion for sanctions and for appointment of special master absent evidence that allegedly relevant audio and video were lost in bad faith and where, despite ?concern? over loss of emails resulting from failure to timely suspend automatic deletions, the court ?[did] not find that relevant evidence was destroyed? and further indicated doubt that relevant emails existed; court further found that failure to suspend automatic deletions was merely negligent and not in bad faith; as to unsearched hard drives, court noted that the parties had already expended a large amount of time and money searching for relevant deleted evidence to no avail and that in light of doubts that relevant email ever existed, there was ?nothing to gain by searching those hard drives?

Nature of Case: Death of inmate while incarcerated

Electronic Data Involved: Audio, video, emails, hard drives

DMAC LLC v. City of Peekskill, No. 09 Civ. 5093 (GAY), 2012 WL 4459290 (S.D.N.Y. Sept. 26, 2012)

Key Insight: Court granted motion for sanctions and ordered an adverse inference for trial where defendant was grossly negligent in its destruction of relevant emails (as proven by Plaintiff?s receipt of relevant emails from third parties that should have been in defendant?s possession, for example, and defendant?s failure to dispute the existence of certain emails which were relevant to plaintiff?s claims but which were not produced); court found defendant was ?at least negligent? in its failure to preserve (and later found that defendant was grossly negligent) where the city had no formal email retention policy and instead relied on its employees to determine what to save: ?Because the City has effectively conceded that it had a duty to preserve the e-mails in question, its failure to maintain a formal e-mail retention policy was at least negligent.?

Nature of Case: Violation of constitutionally protected property rights based on Stop Work Order

Electronic Data Involved: ESI

Augstein v. Leslie, No. 11 Civ 7512(HB), 2012 WL 4928914 (S.D.N.Y. Oct. 17, 2012)

Key Insight: Where a major question in the case was what defendant?s hard drive contained at the time it was returned to him and where defendant sent that hard drive to the manufacturer and received a replacement during a time when he was ?on notice? that the information may be relevant to future litigation, the court found that defendant was at least negligent in his handling of the drive and imposed an adverse inference which allowed the assumption that the drive contained the at-issue intellectual property at the time it was returned by the plaintiff to the police

Nature of Case: Action to collect reward offered for return of laptop and its contents

Electronic Data Involved: Hard drive

Vasudevan Software, Inc. v. Microstrategy, Inc., No. 11-cv-06637-RS-PSG, 2012 WL 5637611 (N.D. Cal. Nov. 15, 2012)

Key Insight: Concluding that without more information it could not determine the reasonableness of Plaintiff?s request that Defendant use specific search terms for specified custodians, court ordered Defendant to run a searching using each of Plaintiff?s search terms against five custodians and for the parties to then meet and confer to attempt to reach resolution of their dispute and to return to the court if such resolution could not be reached; parties utilized modified version of Federal Circuit?s Model Order on E-Discovery in Patent Cases

Nature of Case: Patent infringement

Electronic Data Involved: ESI

United States v. Warner, No. C 11-04181 LB, 2012 WL 6087193 (N.D. Cal. Dec. 6, 2012)

Key Insight: Where plaintiff sought the government?s production of all communications between himself and the government, all documents concerning its debt collection policies, and information related to the government?s debt collection efforts related to his debt, the court found that the government?s burden argument was unpersuasive where it lacked specific information to support the claim and where, pursuant to the factors in Rule 26(b)(2)(C)(iii), the burden did not outweigh the benefit of the requested discovery

Nature of Case: Student loan debt collection

Electronic Data Involved: ESI

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