Case Summaries – Page 296 – Electronic Discovery Law

U.S. v. Latham, 2008 WL 5146526 (D. Nev. Dec. 5, 2008)

Dec 01 2008

Key Insight: Court denied defendant’s motion to dismiss for failure to preserve exculpatory evidence where defendant alleged government spoliation of potentially exculpatory hard drives but failed to show that the unavailable evidence possessed exculpatory value that was apparent prior to destruction and that he could not obtain comparable evidence by other means and where defendant failed to adequately support an inference that evidence was destroyed in bad faith

Nature of Case: Recieving and transporting child pornography

Electronic Data Involved: Hard drives

Bray & Gillespie Mgmt. LLC v. Lexington Ins. Co., 2008 WL 5479701 (M.D. Fla. Nov. 25, 2008)

Dec 01 2008

Key Insight: Where documents produced by plaintiffs had been printed into hard copy and then scanned into electronic format and produced on CD, Special Master found that documents had not been produced as they were kept in the ordinary course of business pursuant to Rule 34 and recommended plaintiffs be ordered to produce an index identifying documents responsive specifically to moving party?s requests; court adopted Special Master?s recommendation in subsequent opinion, 2008 WL 5120696 (M.D. Fla. Dec. 4, 2008)

Nature of Case: Insurance coverage and related claims

Electronic Data Involved: Email, unspecified ESI

In re Fischer Advanced Composite Components AG, 2008 WL 5210839 (W.D. Wash. Dec. 11, 2008)

Dec 01 2008

Key Insight: Citing its discretion pursuant to U.S.C. ? 1782, court declined to compel production of requested communications from parent corporation for use in foreign jurisdiction where court found the information sought was in the possession of a party to the action in the foreign jurisdiction and that to compel production of such information would be ?burdensome and duplicative?

Nature of Case: Breach of contract and tortious intimidation (proceedings initiated in foreign jurisdiction)

Apsley v. Boeing Co., 2008 WL 191418 (D. Kan. Jan. 22, 2008)

Dec 01 2008

Key Insight: Where structure of Boeing?s privilege log was result of the same emails (containing legal advice) being stored in more than one email file and/or legal advice being repeated in email strings, and Boeing listed all of the email messages by Bates number where legal communication was located, but redacted only the portion of the string that contained legal communications, court concluded that log adequately supported Boeing?s claim of privilege for multiple copies of the same communication, noting: ?The organization of a privilege log for electronic documents existing in multiple locations presents a challenge. Perhaps a better method would be to list the original legal communication by date, author and recipient and thereafter indicate that the other Bates-stamped documents are copies or a repeat of the original legal communication. However, electronic discovery is an evolving practice and Boeing will not be faulted for its efforts to organize the privilege log.?

Nature of Case: Employment discrimination

Electronic Data Involved: Email

APC Filtration, Inc. v. Becker, 2008 WL 548765 (N.D. Ill. Feb. 25, 2008)

Dec 01 2008

Key Insight: Court rejected defendants’ objections to magistrate judge’s December 21, 2008 order imposing sanctions of $99,462, upheld the December 21, 2008 order in its entirety, and ordered defendants to comply with the order by March 3, 2008

Nature of Case: Misappropriation of trade secrets and breach of employment contract

Electronic Data Involved: Computer

Jackson v. AFSCME Local 196, 2008 WL 1848901 (D. Conn. Apr. 25, 2008)

Dec 01 2008

Key Insight: Where nonparty stated that in-depth electronic search would need to be conducted in order to produce responsive documents, thus resulting in substantial cost to nonparty, court ordered nonparty to provide plaintiff with estimate of cost and explanation of fees, with copy to court, before embarking on search so plaintiff could decide whether she wished nonparty to proceed; court further ruled that plaintiff must pay nonparty’s compilation fees before delivery of documents to plaintiff

Nature of Case: Union member alleged that union breached its duty of fair representation

Electronic Data Involved: Unspecified ESI

ClearOne Communications, Inc. v. Chiang, 2008 WL 2227556 (D. Utah May 28, 2008)

Dec 01 2008

Key Insight: Where degree and substantiality of similarity between parties’ respective source codes was at issue, court found that the WideBand source code was directly relevant to whether copying had occurred and ordered the Wideband defendants to produce the source code in its entirety

Nature of Case: Copyright infringement

Electronic Data Involved: Source code

Peterson v. Union Pacific R.R. Co., 2008 WL 1930453 (C.D. Ill. May 1, 2008)

Dec 01 2008

Key Insight: Court denied plaintiffs’ request for sanctions, additional depositions and for an order compelling production of electronic data and signal plans in light of plaintiffs’ failure to diligently pursue such requests and failure to establish need for additional discovery at late stage of litigation; court granted plaintiffs opportunity to show that motion was substantially justified and deferred consideration of defendant’s request for expenses incurred in opposing motion

Nature of Case: Claims arising from collision between freight train and automobile

Electronic Data Involved: Data from event recorders and other components and equipment of the crossing signal system

Mich. First Credit Union v. CUMIS Ins. Soc., Inc., 2008 WL 2915077 (E.D. Mich. July 22, 2008)

Dec 01 2008

Key Insight: District court overruled plaintiff?s objections to magistrate judge?s order denying sanctions and clarifying that defendant was not required to produce ESI in ?native format? or to produce metadata, where limited evidentiary value of producing ?native format? documents with accompanying metadata was outweighed by overly burdensome task of generating such documents

Nature of Case: Breach of insurance contract, unfair trade practices

Electronic Data Involved: APEX files, Lotus Notes email files, and Microsoft Office spreadsheet files

Reino de Espana v. Am. Bureau of Shipping, 2008 WL 3851957 (S.D.N.Y. Aug. 18, 2008)

Dec 01 2008

Key Insight: District court overruled Spain’s objections to Magistrate Judge?s various orders of November 3, 2006, January 25, 2007 and June 6, 2007

Nature of Case: Litigation brought by the government of Spain arising from shipping casualty and oil spill

Electronic Data Involved: Email

Catagory:Case Summaries