Catagory:Case Summaries

1
Incardone v. Royal Caribbean Cruises, Ltd. (S.D. Florida, Miami Division, 2019)
2
Ewing v. Aliera Healthcare (Southern District of California, 2019)
3
In re Everquote, Inc. Securities Litigation (Sup. Ct. N.Y. Cnty., 2019)
4
Pentel et al v. Shepard et al (D. Minn., 2019)
5
Pentel v. Shepard, No. 18-cv-1447 (NEB/TNL) (D. Minn. Aug. 7, 2019).
6
Wilmoth v. Deputy Austin Murphy (W.D. Ark., 2019)
7
Wilmoth v. Murphy (District Court of Western District of Arkansas, 2019)
8
Cox v. Swift Transportation Co. of Arizona, LLC (N.D. Okla., 2019)
9
Crosmun v. Trustees of Fayetteville Technical Community College (N.C. Ct. App., 2019)
10
In Re Dentsply Sirona, Inc. Shareholders Litigation (Supreme Court of NY State, 2019)

Incardone v. Royal Caribbean Cruises, Ltd. (S.D. Florida, Miami Division, 2019)

Key Insight: The duty to preserve should be proportional and reasonable, not perfect and absolute.

Nature of Case: Rule 37(e) analysis of the defendant’s actions

Electronic Data Involved: Video Clips, CCTV and VDR

Keywords: Preserve, camera, viewable, “recorded continuously”, CCTV, RCCL

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Pentel et al v. Shepard et al (D. Minn., 2019)

Key Insight: audit returns requested not proportional since massive burden to non-party

Nature of Case: Driver’s Privacy Protection Act

Electronic Data Involved: LEMS audit returns

Keywords: judge warns of sanctions

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Pentel v. Shepard, No. 18-cv-1447 (NEB/TNL) (D. Minn. Aug. 7, 2019).

Key Insight: Plaintiff requested access records to determine potential class members. Court denied as unduly burdensome to non-party and unlikely to produce relevant information.

Nature of Case: Privacy

Electronic Data Involved: Driver License Database Access Records

Keywords: access records, non-party, burden

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Wilmoth v. Deputy Austin Murphy (W.D. Ark., 2019)

Key Insight: whether negative inference warranted where pictures taken on personal cell phone pursuant to protocol which became lost or destroyed

Nature of Case: excessive force – prison

Electronic Data Involved: cell phone pictures

Keywords: work image on personal cell phone

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Wilmoth v. Murphy (District Court of Western District of Arkansas, 2019)

Key Insight: whether the defendant took reasonable steps to preserve the relevant evidence and whether the defendant?s actions in this case support a finding that the defendant acted with the intent to deprive another party of the information?s use in the litigation

Nature of Case: personal injury

Electronic Data Involved: deleted photographs

Keywords: sand, egregious

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Cox v. Swift Transportation Co. of Arizona, LLC (N.D. Okla., 2019)

Key Insight: whether sanctions are appropriate where data on tracking device subject to automatic deletion which occurred before spoliation notice

Nature of Case: personal injury – vehicle accident

Electronic Data Involved: electronic control module (ECM)

Keywords: tracking device

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Crosmun v. Trustees of Fayetteville Technical Community College (N.C. Ct. App., 2019)

Key Insight: whether ESI protocol order directing party to turn over potentially privileged information without chance for review proper

Nature of Case: Retaliation – NC Whistleblower Protection Act

Electronic Data Involved: Backup and deleted records located on work computers and servers

Keywords: privilege; involuntary waiver

Identified State Rule(s): N.C. R. Civ. P. 26(b)

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In Re Dentsply Sirona, Inc. Shareholders Litigation (Supreme Court of NY State, 2019)

Key Insight: Whether the stay of discovery provision can be applied to state court cases.

Nature of Case: Violations of the Securities Act of 1933

Electronic Data Involved: Stay of discovery pending a motion to dismiss

Keywords: stay of discovery, PSLRA, state v. federal court

Identified State Rule(s): PSLRA

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