Case Summaries – Page 224 – Electronic Discovery Law

Revello v. Med-Data Infotech USA, Inc., 2010 WL 4967968 (Fla. Dist. Ct. App. Dec. 8, 2010)

Dec 01 2010

Key Insight: Court quashed order directing production of defendant?s source code where, despite claiming misappropriation of its trade secret, plaintiff declined to produce its own source code and thus ?neither identified with reasonable particularity the nature of its claimed trade secret nor established that it exists? and was therefore not entitled to the source code it sought from the defendant

Nature of Case: Misappropriation of trade secret

Electronic Data Involved: Source code

In re Oracle Corp. Secs. Litig., 627 F.3d 376 (9th Cir. 2010)

Dec 01 2010

Key Insight: Where as the result of a finding of willful spoliation the district court ordered an adverse inference that established Oracle?s CEO?s knowledge of any material facts that Plaintiffs were able to establish, but where plaintiffs were nonetheless defeated at summary judgment and thereafter appealed the order arguing that the inference should have been sufficient to defeat a challenge to the insufficiency of their prima facie case, the appellate court affirmed the holding of the district court noting that, ?in light of the enormous record developed in this case, the only conceivable benefit of Defendant?s spoliation was the possibility of disclaiming Ellison?s knowledge of any damaging facts underlying the purported fraud? and that the district court?s sanction was ?carefully fashioned to deny Defendants that benefit?

Nature of Case: Securities fraud

Electronic Data Involved: emaisl, ESI

Antonio v. Sec. Servs. Of Am., LLC, 2010 WL 2858252 (D. Md. July 19, 2010)

Dec 01 2010

Key Insight: Where defendant failed to preserve relevant computers during its consolidation of operations and failed to preserve data during conversion of it?s IT network, the district court overruled defendant?s objection to the magistrate judge?s finding that the spoliation was ?more than grossly negligent? and the imposition of an adverse inference but sustained defendant?s objections ?to the extent that the finding that the spoliation was more than grossly negligent [was] based on defendant?s limited production of emails, missing personnel record, and untimeliness in participating in discovery ? actions that ?do not indicated willful or intentional spoliation of evidence?

Electronic Data Involved: Computers/hard drives, ESI

Radian Asset Assurance, Inc. v. Coll. Of the Christian Bros. of New Mexico, 2010 WL 4338057 (D.N.M. Sept. 15, 2010)

Dec 01 2010

Key Insight: Where parties could not reach agreement regarding parameters of search protocol, court ordered defendant to utilize search terms proposed by plaintiff but declined to order search of email at the present time, established the appropriate date range, and ordered defendants to produce ?exculpatory information?, i.e., ?anything that the College … believes [plaintiff] could reasonably use or could reasonably lead to admissible evidence?; court declined to order defendant to produce the files identified as a result of the search and ordered instead the production of a report of the results and for the parties to confer regarding the results

Electronic Data Involved: ESI

Wright v. City of Salisbury, 2010 WL 126011 (E.D. Mo. Jan. 7, 2010)

Dec 01 2010

Key Insight: Where plaintiff purposefully arranged a conversation with the mayor, recorded the conversation, preserved the portion relevant to his lawsuit on his website server and then lost the remaining, irrelevant portion as the result of problems with his computer, court denied defendants? motion for spoliation sanctions where defendants failed to establish plaintiff?s bad faith or any prejudice resulting from the loss and where the court found plaintiff?s uncontroverted explanation for the loss ?reasonable and believable?

Nature of Case: Wrongful termination

Electronic Data Involved: Audio tape

Robotic Parking Sys., Inc. v. City of Hoboken, 2010 WL 324524 (D.N.J. Jan. 19, 2010) (Unpublished)

Dec 01 2010

Key Insight: Court granted intervenor?s motion for a protective order where plaintiff (intervenor?s direct competitor) sought access to defendant?s garage operating computers possibly containing intervenor?s trade secrets but denied request to prevent access entirely where such access was necessary for plaintiff?s case, where there was no showing of irrelevance or burden, and where intervenor?s concerns were ?too speculative to warrant non-disclosure?; court ordered parties to split cost of software necessary for defendant to view forensic images produced by plaintiff where plaintiff sought to use the images at trial, where defendant had no way to view the court ordered production otherwise, and where the parties failed to properly discuss and agree upon discovery issues, including the cost of production, pursuant to local rule

Nature of Case: Breach of contract

Electronic Data Involved: ESI, source code

Melendres v. Arpaio, 2010 WL 582189 (D. Ariz. Feb. 12, 2010) (Unpublished)

Dec 01 2010

Key Insight: Where defendant?s failure to communicate plaintiff?s preservation request and failure to implement a litigation hold resulted in the destruction of data, court ordered adverse inference related to the destruction of a particular category of evidence but delayed the imposition of sanctions for the destruction of email where efforts to retrieve those emails from backup systems were ongoing and ordered defendant to submit an explanation of their retrieval efforts with specific topics to be addressed

Nature of Case: Class action

Electronic Data Involved: Emails, hardcopy evidence

Potenza v. Gonzales, 2010 WL 890959 (N.D.N.Y. Mar. 8, 2010)

Dec 01 2010

Key Insight: Where plaintiffs? counsel admitted he had been in possession of the videotape of plaintiff?s interview with police following his arrest but that despite a diligent search he could not find it and could offer no explanation for why, court found spoliation sanctions were warranted, noting that the second circuit has recognized ?simple negligence? as a sufficiently culpable state of mind, and ordered an adverse inference; court rejected plaintiff?s argument that defendant should be sanctioned for failing to preserve the original despite plaintiff?s request to do so where plaintiff offered no evidence in support of their claim that defendant ever had control of the tape or played a role in its destruction

Nature of Case: Violation of Fourth Amendment right to be free from false arrest, malicious prosecution, and abuse of process

Electronic Data Involved: Videotape of police interview

Maggette v. BL Dev. Corp., 2010 WL 2010816 (N.D. Miss. May 17, 2010)

Dec 01 2010

Key Insight: For defendant?s egregious discovery violations uncovered with the assistance of a special master, including failing to adequately search for responsive materials and lying to the court about such searching and other, related topics, court indicated likelihood that it would find as a matter of law that an agency relationship existed between the offending defendant and another entity implicated in the underlying accident claims but, recognizing that ?responsibility for punishing BL for its discovery violations lies with the court, rather than the jury? declined to order an adverse inference and instead set the matter for hearing where proper sanctions and the egregious conduct of counsel would be discussed before a final determination was made

Nature of Case: Claims arising from bus accident

Electronic Data Involved: ESI, hard copy

Azevedo v. City of Fresno, 2010 WL 2353526 (E.D. Cal. June 9, 2010)

Dec 01 2010

Key Insight: Where two years following the relevant altercation the taser used on plaintiff was sent to the manufacturer for repair, deemed irreparable, and was destroyed without preserving the data contained thereon, the court ruled the spoliation was negligent and declined to impose dispositive sanctions or evidence preclusion, but, noting it was ?troubled? by the data?s destruction, granted permission for plaintiff to file a motion in limine addressing the propriety of a rebuttable inference instruction regarding the spoliation

Nature of Case: Claims arising from detention and arrest of plaintiff which resulted in plaintiff being tasered and injured

Electronic Data Involved: Taser data

Catagory:Case Summaries