Case Summaries – Page 302 – Electronic Discovery Law

Super Future Equities, Inc. v. Wells Fargo Bank Minn., N.A., 2008 WL 3261095 (N.D. Tex. Aug. 8, 2008)

Dec 01 2008

Key Insight: For plaintiff?s and its principals? egregious discovery abuses and bad faith conduct, including intentional spoliation of ESI and willful deception and concealment, magistrate judge set out findings of fact and conclusions of law and recommended sanctions in form of adverse inference instruction and monetary sanctions representing all of defendants? fees and costs incurred in connection with sanctions motion; district court overruled plaintiff’s objections and adopted magistrate judge?s rulings

Nature of Case: Breach of fiduciary duty, breach of contract, RICO violations, negligence, gross negligence and injunctive relief

Electronic Data Involved: Hard drives, DVD, various ESI

Jardin v. Datallegro, Inc., 2008 WL 4104473 (S.D. Cal. Sept. 3, 2008)

Dec 01 2008

Key Insight: Where plaintiff failed to establish relevance of comment that was posted by individual defendant on Dattallegro?s web log (?blog?) but was later made unavailable for public access, and defendants had represented to court that they intended to meet their discovery obligations and would meet and confer with plaintiff to define scope of parties’ preservation obligations and protocols, court rejected plaintiff?s claim that defendants had destroyed relevant evidence and denied motion for preservation order

Nature of Case: Patent infringement

Electronic Data Involved: Web log comment

Laface Records, LLC v. Does, 2008 WL 4517178 (D.D.C. Oct. 6, 2008)

Dec 01 2008

Key Insight: Court granted motion to serve limited, immediate discovery on third party internet service provider seeking identities and contact information of defendants where court acknowledged ?good cause exists for Plaintiffs? discovery because Defendants must be identified before this suit can progress?; court ordered third party provider to give five days notice to defendants and set deadline for potential motions to quash

Nature of Case: Copyright infringement

Electronic Data Involved: Names and contact information for ISP subscribers

Kinnally v. Rogers Corp., 2008 WL 4850116 (D. Ariz. Nov. 7, 2008)

Dec 01 2008

Key Insight: Where plaintiffs offered only an inference that evidence was destroyed based on ?the mere lack of evidence? produced by defendant and where plaintiffs failed to take timely action to address discovery disputes, court denied plaintiffs? motion for an adverse inference based on spoliation; addressing plaintiffs? argument that defendant?s failure to issue a timely litigation hold notice resulted in destruction of evidence, court noted, ?[w]hile a party must ?put in place a ?litigation hold? to ensure the preservation of relevant documents, there is no requirement that it must be written.? [citation omitted]

Nature of Case: Age discrimination

Electronic Data Involved: ESI, email

In re Zurn Pex Plumbing Prod. Liab. Litig., 20008 WL 5104173 (D. Minn. Nov. 26, 2008)

Dec 01 2008

Key Insight: Court compelled production of deponent to answer specifically tailored questions regarding retention of electronically stored documents where plaintiff suspected spoliation due to defendant?s failure to timely issue preservation notices and where inquiry into retention policies would assist in narrowing scope of discoverable electronic materials; court also compelled production of identity of author of relevant email

Nature of Case: Products liability

Electronic Data Involved: Document retention policies, email

Huthnance v. D.C., 255 F.R.D. 285 (D.D.C. 2008)

Dec 01 2008

Key Insight: Where defendants? radio log indicated a relevant communication occurred but where defendants were unable to produce the audio tape, court ordered defendant to produce its document retention policies to show ?whether the [communications] were maintained according to standard procedure?

Nature of Case: Claims arising from alleged illegal arrest and detention

Electronic Data Involved: Audio tapes of phonecalls, access to

Ridge Chrysler Jeep, LLC v. DaimlerChrysler Fin. Servs. Americas LLC, 516 F.3d 623 (7th Cir. 2008)

Dec 01 2008

Key Insight: Seventh Circuit upheld trial court’s dismissal of plaintiffs’ claims as sanction for flagrant discovery misconduct

Nature of Case: Dealerships sued for breach of contract and other claims

Electronic Data Involved: Financial data

Margel v. E.G.L. Gem Lab Ltd., 2008 WL 2224288 (S.D.N.Y. May 29, 2008)

Dec 01 2008

Key Insight: Where information maintained in electronic database was necessarily in a form that was not identical to report prepared on basis of that data and produced in discovery, and defendant did not claim that database was “not reasonably accessible,” court ordered defendant to produce or make otherwise available that part of electronic database that evidenced the issuance of certificates during relevant time frame

Nature of Case: Action among gem grading laboratories concerning the right to use certain trademarks in the U.S. and the right to issue grading certificates bearing those marks

Electronic Data Involved: Database containing information used to prepare report produced by defendant in discovery

Huang v. Gateway Hotel Holdings, 2008 WL 2486030 (E.D. Mo. June 18, 2008)

Dec 01 2008

Key Insight: Court ruled that plaintiffs were not required to produce for forensic inspection their ?desktop computers, cell phones, e-mail machines, laptop computers, mobile phones, ESI storage media, handheld computers and personal digital assistants,? but ordered plaintiffs determine which plaintiffs owned such devices and to produce a list of names and equipment to defendant within 20 days, and defendant would be allowed to re-file the discovery request with a showing of need; court further ruled that defendant need not produce pay and time records in an accessible electronic format but gave plaintiffs leave to re-file motion upon a showing that defendant had not supplied all available pay and time records

Nature of Case: FLSA claims, retaliation

Electronic Data Involved: Computers, cell phones and ESI storage devices used by plaintiffs

Dynamic Sports Nutrition, Inc. v. Roberts, 2008 WL 2775007 (S.D. Tex. July 14, 2008)

Dec 01 2008

Key Insight: Finding substantial likelihood that plaintiff would prevail on its claims, that plaintiff was suffering ?immediate, irreparable, imminent harm? for which there was no adequate remedy at law, that defendants had posted confidential information about plaintiff?s products on publicly accessible blogs and websites, that individual defendant had misappropriated laptop belonging to plaintiff after his termination from plaintiff and had failed to comply with aspects of the court’s Temporary Restraining Order, court entered preliminary injunction forbidding defendants from, among other things, deleting relevant ESI and requiring defendants to return laptop to plaintiff?s counsel and to preserve all evidence of any disclosure or dissemination of plaintiff?s confidential information

Nature of Case: Misappropriation of trade secrets, breach of fiduciary duty, conversion and and violations of Computer Fraud and Abuse Act

Electronic Data Involved: Laptop computer and confidential business information

Catagory:Case Summaries