Catagory:Case Summaries

1
Falk v. Aetna Life Ins. Co., No. 3:19-cv-00434 (D.N.J. Aug. 31, 2019).
2
True Freight Logistics LLC et al v. Global Tranz Enterprises Incorporated et al (D. Ariz., 2019)
3
Pearlstein v. Blackberry Ltd. No. 13-cv-07060 (CM) (KHP), 2019 WL 4126583 (S.D.N.Y., 2019)
4
United States and State of California ex rel. Higgins v. Boston Scientific Corp., No. 11-cv-2453 (D. Minn. Aug. 28, 2019).
5
Ekweani v. American Express Travel Related Services Company, Inc. – 18-16925 (Ct. App. 9th Cir., 2019)
6
In re Apple Inc. (D. Md., 2019)
7
Man Zhang v. City of New York (SDNY, 2019)
8
Bellamy v. Wal-Mart Stores, No. SA-18-CV-60-XR (W.D. Tex., 2019)
9
BlackBerry Limited v. Facebook, Inc. et al (C.D. Cal., 2019)
10
Woods v. Scissons, 3:17-cv-08038 (D. Arizona, Aug. 14, 2019)

Falk v. Aetna Life Ins. Co., No. 3:19-cv-00434 (D.N.J. Aug. 31, 2019).

Key Insight: click-wrap arbitration agreement with discovery limitations was enforceable.

Nature of Case: age and disability wrongful termination

Electronic Data Involved: various discovery requested by plaintiff

Keywords: click-wrap agreement, discovery limits in arbitration

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True Freight Logistics LLC et al v. Global Tranz Enterprises Incorporated et al (D. Ariz., 2019)

Key Insight: production from additional custodians not justified because expensive and not fruitful to date

Nature of Case: TRO

Electronic Data Involved: emails

Keywords: additional custodians

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Pearlstein v. Blackberry Ltd. No. 13-cv-07060 (CM) (KHP), 2019 WL 4126583 (S.D.N.Y., 2019)

Key Insight: Hague convention may be used to take the deposition of a former employee living in London.

Nature of Case: class action alleging securities fraud

Keywords: hague convention, letter rogatory

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United States and State of California ex rel. Higgins v. Boston Scientific Corp., No. 11-cv-2453 (D. Minn. Aug. 28, 2019).

Key Insight: Relator in FCA case reqeusted presentations by defendant to government during governmental investigation. Judge ordered defendant to produce the presentations.

Nature of Case: False Claims Act

Electronic Data Involved: presentations to government

Keywords: FCA, False Claims Act

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Ekweani v. American Express Travel Related Services Company, Inc. – 18-16925 (Ct. App. 9th Cir., 2019)

Key Insight: Whether the plaintiffs were prejudiced by not being permitted to request additional discovery

Nature of Case: petition to vacate arbitration award

Electronic Data Involved: general additional discovery

Keywords: prejudice, vacate award,

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In re Apple Inc. (D. Md., 2019)

Key Insight: whether plaintiff’s privacy rights outweigh apple’s interest in information re phone performance, updates, etc.

Nature of Case: consumer protection

Electronic Data Involved: forensic imaging

Keywords: forensic imaging iphone

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Man Zhang v. City of New York (SDNY, 2019)

Key Insight: Spoliation, failure to issue Litigation Hold,

Nature of Case: 1983 Civil Rights

Electronic Data Involved: Hard copy, video, telephone recordings

Keywords: Adverse inference, Default Judgment, Sanctions, Attorney’s fees and costs, failure to investigate, Spoliation, Intent to deprive, Reasonable steps to preserve

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Bellamy v. Wal-Mart Stores, No. SA-18-CV-60-XR (W.D. Tex., 2019)

Key Insight: Properly clawed back privileged documents may not be relied upon for evidence in a case. However, if the contents of these clawed back documents demonstrates bad faith discovery conduct, then sanctions can still be awarded.

Nature of Case: slip-and-fall injury

Electronic Data Involved: inadvertently produced privileged documents

Keywords: clawback, bad faith, intent to deprive

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Woods v. Scissons, 3:17-cv-08038 (D. Arizona, Aug. 14, 2019)

Key Insight: Automatically deleted police dash cam footage is considered spoliated when a serious injury occur s during arrest.

Nature of Case: excessive use of force during arrest

Electronic Data Involved: police dash cam video and audio footage

Keywords: dash camera, police, spoliation

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