Case Summaries – Page 296 – Electronic Discovery Law

Wells v. Berger, Newmark & Fenchel, P.C., 2008 WL 4365972 (N.D. Ill. Mar. 18, 2008)

Dec 01 2008

Key Insight: Granting in part motion in limine seeking sanctions for spoliation of evidence where defendants did nothing to preserve key player?s computer files but instead allowed him to continue using computer without monitoring, copying, reviewing or securing potentially relevant information, and key player admitted deleting potentially relevant files, court set out statement that would be read to jury concerning defendants? failure to preserve evidence and prohibited defendants from offering any argument or comments suggesting that lack of pornographic emails in evidence supported a finding that such emails never existed or were never shown to plaintiff

Nature of Case: Sexual harassment, constructive discharge, emotional distress

Electronic Data Involved: Pornographic emails, hard drive

Spieker v. Quest Cherokee, LLC, 2008 WL 4758064 (D. Kan. Oct. 30, 2008)

Dec 01 2008

Key Insight: Granting leave to refile, court denied plaintiff?s motion to compel production of emails for failure to show their relevance to class certification but rejected defendants? argument that $375,000 cost of production was unduly burdensome in light of amount in controversy where defendant argued claims of named plaintiffs were worth $100,000 or less but plaintiff argued claims of the class exceeded $5 million; court also stated that where defendant was in better position to identify search terms it should do so to reduce volume, that the cost of production versus the amount in controversy did not render email data ?not reasonably accessible,? and that parties should address Rule 502 in any future discussions regarding cost, among other things

Nature of Case: Class action for failure to pay royalties arising from oil and gas leases

Electronic Data Involved: Email

Tri-County Motors, Inc. v. Am. Suzuki Motor Corp., 2008 WL 5063291 (2d Cir. Nov. 24, 2008)

Dec 01 2008

Key Insight: Where plaintiff failed to sufficiently establish existence or relevance of emails allegedly spoliated or that defendants alleged abuses resulted from willful misconduct or gross negligence, trial court declined to impose sanctions; court of appeals affirmed

Nature of Case: Breach of contract, promissory estoppel, interference with a contract

Electronic Data Involved: Email

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

Varkonyi v. State, 276 S.W. 3d 27 (Tex. App. 2008)

Dec 01 2008

Key Insight: Appellate court found that pornographic video attached to an email from defendant was properly authenticated under Tex. R. Evid. 901(b)(4) where, considering the ?appearance, contents, substance and other distinctive characteristics, taken in conjunction with the circumstances,? the video was found to be what it was purported to be and where, applying the ?reply letter doctrine? the video was considered to be genuine and admissible in light of the fact that it was sent in response to a message sent by the government inquiring about the video, among other things

Nature of Case: Promotion of or possession with intent to promote obscene material

Electronic Data Involved: Pornographic video attachment to email

Reckley v. City of Springfield, 2008 WL 5234356 (S.D. Ohio Dec. 12, 2008)

Dec 01 2008

Key Insight: Court declined to find waiver of inadvertently produced emails pursuant to ER 502(b) where some of the emails were marked attorney-client privileged, where counsel took prompt steps to claim the privilege and seek their return, and where the disclosure ?took place in the context particularly intended to be addressed by Fed. R. Evid. 502, the production of electronically stored information.?

Electronic Data Involved: Emails

RGIS, LLC v. A.S.T., Inc., 2008 WL 186349 (E.D. Mich. Jan. 22, 2008)

Dec 01 2008

Key Insight: Court granted defendants? request for appointment of Fed. R. Civ. P. 53 special master to analyze and compare source codes of subject software prior to any discovery of proprietary source codes

Nature of Case: Copyright infringement

Electronic Data Involved: Source code for software in hand-held computers used for inventory control

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

Peterson v. Tri-Country Metro. Transp. Dist. of Or., 2008 WL 723521 (D. Or. Mar. 14, 2008)

Dec 01 2008

Key Insight: Where emails and other documents stored on backup records were destroyed after complaint was filed, but reasons defendant began destroying such outdated mainframe reel-to-reel tapes at that time were (1) to reduce storage costs of up to $4,000 per year and (2) because data on tapes was no longer readable, and decision to destroy the unusable tapes not made by anyone who had anything to do with plaintiff, court concluded evidence did not support drawing any adverse inference from defendant?s intentional destruction of potentially probative evidence

Nature of Case: Claim for violation of FMLA

Electronic Data Involved: Emails stored on outdated mainframe reel-to-reel tapes

Catagory:Case Summaries