Case Summaries – Page 325 – Electronic Discovery Law

ICE Corp. v. Hamilton Sundstrand Corp., 2007 WL 4239453 (D. Kan. Nov. 30, 2007)

Dec 01 2007

Key Insight: Court denied plaintiff’s motion to compel production of “electronic versions of all documents produced in discovery, including metadata,” since plaintiff failed to comply with local procedural requirements for motion and because plaintiff never specified electronic format in original discovery requests but instead merely asked defendants for such production subsequently

Nature of Case: Breach of contract, unjust enrichment, misappropriation of trade secrets

Electronic Data Involved: Electronic versions of all documents produced in discovery, including metadata

Willbros Eng’rs, Inc. v. Mastec N. Am., Inc., 2007 WL 2891500 (N.D. Okla. Sept. 28, 2007)

Dec 01 2007

Key Insight: Where plaintiff?s attorneys? repeated inaccurate representations that all responsive documents had been produced demonstrated gross negligence but not intentional bad faith, and belated production necessitated re-opening discovery and continuing trial date, court concluded that requested sanction of dismissal of plaintiff’s claims and default judgment against plaintiff on cross-claims was too harsh and that lesser (monetary) sanctions were appropriate

Nature of Case: Construction litigation

Electronic Data Involved: Computer files relating to $100 million construction project, computer index, audiotapes of meetings

Marketfare Annunciation, LLC v. United Fire & Cas. Ins. Co., 2007 WL 3273440 (E.D. La. Nov. 5, 2007)

Dec 01 2007

Key Insight: Because trial was imminent and discovery had closed, and plaintiffs never sought extension of discovery deadline or expedited consideration of motion, court declined to address merits of plaintiffs? request that they be permitted to retain an expert at defendants’ expense to review defendants’ systems for relevant data, and, if data had been irretrievably deleted, for monetary and other sanctions; court advised that the appropriate method for relief for non-production of electronic data was for plaintiffs to first move to compel production of omitted materials, as opposed to bypassing this step and seeking sanctions directly

Nature of Case: Insurance coverage

Electronic Data Involved: Email and other electronic information about plaintiffs’ insurance claims

Rouse v. II-VI, Inc., 2007 WL 2907935 (W.D. Pa. Oct. 1, 2007)

Dec 01 2007

Key Insight: Among other findings on plaintiff’s motion to compel, court concluded that keyword search performed by defendant was adequate given the circumstances of the case

Nature of Case: Employment discrimination

Electronic Data Involved: Email

Omax Corp. v. Flow Int’l Corp., 2007 WL 1830631 (W.D. Wash. June 22, 2007)

Dec 01 2007

Key Insight: Even if database was incomplete and potentially unhelpful, court found that plaintiff was nonetheless entitled to information contained in the database since it did have some value and was relevant to plaintiff?s damages case, and its production did not appear to involved undue cost or complexity

Nature of Case: Patent infringement

Electronic Data Involved: Database

Wiley v. Paulson, 2007 WL 7059722 (E.D.N.Y. Sept. 26, 2007)

Dec 01 2007

Key Insight: Court denied motion to compel metadata associated with hard copy emails where government established the metadata was not reasonably accessible because of substantial and prohibitive burden and cost; court denied motion without prejudice leaving room for plaintiff to re-file her motion and establish a factual bases for her demand and noted that if such a motion were granted in future, plaintiff would bear the cost

Nature of Case: Employment litigation

Electronic Data Involved: Metadata associated with hard copy emails

NSB U.S. Sales, Inc. v. Brill, 2007 WL 258181 (S.D.N.Y. Jan. 26, 2007)

Dec 01 2007

Key Insight: Defendant?s failure to comply with magistrate?s orders compelling production of email and other responsive documents warranted monetary sanctions as follows: (1) $26,667 for legal fees incurred by plaintiff as result of defendant?s discovery misconduct; (2) separate fine of $25,000 for defendant’s contempt of court orders; and (3) separate fine of $5,000 on defense counsel?s law firm for defense counsel?s role in his client?s actions

Nature of Case: Breach of licensing agreement

Electronic Data Involved: Email and other responsive documents

In re Graham, 363 B.R. 32 (Bkrtcy. D.N.H. 2007)

Dec 01 2007

Key Insight: Debtor’s liability to his former employer for willful and malicious misappropriation of trade secrets and for award of sanctions based on his spoliation of evidence were exempted from discharge in bankruptcy; court granted former employer’s motion to lift automatic stay so that trial court could determine the amounts for which debtor was liable and enter final judgment

Nature of Case: Bankruptcy

Electronic Data Involved: Email and confidential business data

Frye v. St. Thomas Health Servs., 2007 WL 908059 (Tenn. Ct. App. Mar. 26, 2007)

Dec 01 2007

Key Insight: State appellate court found no error in trial court’s order denying plaintiff’s motion to compel production of certain hard drives of defendant for the purpose of allowing an expert to determine whether they contained relevant email, since discovery requests at issue made no mention of hard drives

Nature of Case: Employment discrimination

Electronic Data Involved: Email, hard drives

Frees, Inc. v. McMillian, 2007 WL 1308388 (W.D. La. May 1, 2007)

Dec 01 2007

Key Insight: District court upheld magistrate judge’s January 22, 2007 memorandum order and related protective order, as such orders were not clearly erroneous or contrary to law

Nature of Case: Design firm sued former vice president under Computer Fraud and Abuse Act

Electronic Data Involved: Former employee’s home computer and new work computer

Catagory:Case Summaries