Case Summaries – Page 19 – Electronic Discovery Law

Stone Brewing Co., LLC v. MillerCoors LLC (Southern District of California, 2019)

Sep 17 2019

Key Insight: Requests for Production; marketing materials; Unreasonably cumulative or duplicative

Nature of Case: Trademark Infringement

Electronic Data Involved: Hard copy; Historical records; on-site inspection; Marketing materials (documents, recordings, video, displays, etc.)

Keywords: Discovery violations; adequacy of discovery responses; Vague/overbroad/burdensome/ not calculated to lead to discovery of documents relevant to claims or defenses; proportionality; access; costs/Attorney’s fees; resources; “Senior user”; Cherrypicking; Evidentiary preclusion; Court order; Representative samples

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Wolff v. United Airlines, Inc., No. 1:18-cv-00591-RM-SKC (D. Colo. Sep. 17, 2019).

Sep 17 2019

Key Insight: Both sides moved for spoliation sanctions. Court was troubled by failure to suspend automatic deletion and loss of personal cell phone, but imposed no sanctions.

Nature of Case: Employee Termination/Discrimination

Electronic Data Involved: cell phones, company computer, notebooks

Keywords: spoliation; sanctions; automatic deletion

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Hawkins v. The Kroger Company (District Court of Southern California, 2019)

Sep 16 2019

Key Insight: whether discovery should extend beyond the period of the statute of limitations

Nature of Case: Breach of implied warranty of merchantability

Electronic Data Involved: e-mails

Keywords: label, trans fat, heightened showing

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In re Verizon Wireless (D. Md., 2019)

Sep 16 2019

Key Insight: phone records for certain employee numbers overbroad

Nature of Case: discrimination and retaliation

Electronic Data Involved: text messages and phone records

Keywords: subpoena phone records

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Shim-Larkin v. City of New York, 16-CV-6099 (S.D.N.Y. Sept. 16, 2019)

Sep 16 2019

Key Insight: The obligation to preserve evidence in a workplace discrimination suit can extend to personal devices known to contain relevant material.

Nature of Case: workplace discrimination

Electronic Data Involved: text messages

Keywords: personal device, text message, obligation to preserve

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Williams v. American College of Education, Inc. (Northern District of Illinois, 2019)

Sep 16 2019

Key Insight: whether the party acted willfully in destroying electronic information by installing a new operating system to his remote access computer

Nature of Case: employment discrimination and retaliation

Electronic Data Involved: destroyed electronically stored information

Keywords: spoliation, updating operating system, electronically stored information

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Bellenger v. Accounts Receivable Management, Inc. (S.D. Fla, 2019)

Sep 10 2019

Key Insight: whether discovery requests are overbroad

Nature of Case: Class Action alleging violations of the Telephone Consumer Protection Act

Electronic Data Involved: documents listing people requesting not to be called and people that were called incorrectly, and people who did not have contracts with teh Defendant.

Keywords: overbroad, discovery requests, protective order, motion to compel

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Hardin v. Mendocino Coast District Hospital et al (N.D. Cal. , 2019)

Sep 09 2019

Key Insight: Denied motion to compel ESI Protocol filed 7 days after close of discovery where party made repeated demands for ESI but did not engage in establishing ESI protocol

Nature of Case: False Claims Act

Keywords: ESI Protocol

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Smith v. TFI Family Services (Kansas, 2019)

Sep 04 2019

Key Insight: failing to produce ESI in native format with associated metadata.

Nature of Case: Civil action for deprivation of rights

Electronic Data Involved: PDF documents

Keywords: Metadata, native format, ESI in native format

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United States v. Gatto, No. 17-cr-686 (S.D.N.Y. Sept. 3, 2019).

Sep 03 2019

Key Insight: Evidence was sought by intervenor to determine whether their own enforcement actions to be taken. motion denied due to privacy of third parties

Nature of Case: Wire Fraud Criminal Case

Electronic Data Involved: Evidence in trial

Keywords: evidence, intervenor, third party

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Catagory:Case Summaries