Catagory:Case Summaries

1
Frey v. Minter (M.D. Ga., 2019)
2
Peruto v. Roc Nation, Nos. 18-4468, 18-4818 (E.D. Pa. June 12, 2019).
3
Univ. Accounting Serv., LLC v. Schulton, No. 3:18-cv-1486-SI (D. Or. June 7, 2019)
4
University Accounting Service, LLC v. Schulton et al (District Court of Oregon, 2019)
5
Simmons v. Safeway, Inc., No. 3:18-cv-5522 RJB (W.D. Wash. June 5, 2019).
6
Strough v. General Motors, LLC (District of Colorado, 2019)
7
United States v. Connelly (S.D. New York, 2019)
8
J.S.T. Corporation v. Robert Bosch LLC et al (District Court of Eastern Michigan, 2019)
9
International Financial Co. LLC v. Jabali-Jeter (District Court of Eastern Pennsylvania, 2019)
10
Lotus Indus., LLC v. Archer (E.D. Mich., 2019)

Univ. Accounting Serv., LLC v. Schulton, No. 3:18-cv-1486-SI (D. Or. June 7, 2019)

Key Insight: Plaintiff’s motion for terminating spoliation sanctions granted in part, with a permissive inference spoliation jury instruction.

Nature of Case: Dispute over a software platform

Electronic Data Involved: Exported ScholarChip email account to “One Drive” clouds storage and saved copy on defendant’s personal computer.

Keywords: spoliation, permissive inference, intent to deprive

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University Accounting Service, LLC v. Schulton et al (District Court of Oregon, 2019)

Key Insight: whether deleting documents for the purpose of depriving the plaintiff of their use in litigation satisfies Rule 37(e)

Nature of Case: breach of contract and unfair competition

Electronic Data Involved: deleted electronic records

Keywords: scholarchip, entrepreneur, webinar

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Simmons v. Safeway, Inc., No. 3:18-cv-5522 RJB (W.D. Wash. June 5, 2019).

Key Insight: Handwritten notes by Plaintiff had been produced. Plaintiff used attorney typed version to refresh memory before deposition. Court ordered production of typed notes.

Nature of Case: Employment Discrimination

Electronic Data Involved: Typed version of handwritten notes

Keywords: recollection refresh; deposition; privilege; work product

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Strough v. General Motors, LLC (District of Colorado, 2019)

Key Insight: protective order without a sharing provision is unfair to future similarily situated plaintiffs.

Nature of Case: product liability

Electronic Data Involved: All relevant discovery

Keywords: protective order, sharing provision, class action, similarly situated plaintiff

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United States v. Connelly (S.D. New York, 2019)

Key Insight: internal investigations of private companies heavy pressure from the government creates coercive evidence

Nature of Case: criminal case, wire fraud and conspiracy to commit wire fraud and bank fraud

Electronic Data Involved: internal investigations requested by the DOJ and government entities

Keywords: internal investigation, government, DOJ

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J.S.T. Corporation v. Robert Bosch LLC et al (District Court of Eastern Michigan, 2019)

Key Insight: whether the parties have acted in good faith, which shall relate to both the substance of the parties? accusations of misconduct, as well as the parties? decision to file an accusation of misconduct.

Nature of Case: misappropriation of trade secrets

Electronic Data Involved: emails

Keywords: foxconn, hit2

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International Financial Co. LLC v. Jabali-Jeter (District Court of Eastern Pennsylvania, 2019)

Key Insight: whether sanctions under Rule 37(e) are appropriate

Nature of Case: Breach of Contract, misappropriation of trade secrets

Electronic Data Involved: USB Drive

Keywords: FS event, usb, lnk files

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Lotus Indus., LLC v. Archer (E.D. Mich., 2019)

Key Insight: Whether a subpoenaed third party is entitled to costs and portion of fees before engaging in document processing

Nature of Case: RICO and First Amendment Retaliation

Electronic Data Involved: documents

Keywords: fee shifting, undue burden, costs and fees

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