Dufrene v. American Tugs Inc. (District Court of Eastern Louisiana, 2018)
Key Insight: Scope of work-product doctrine
Nature of Case: Wrongful death
Electronic Data Involved: cellphone information and data
Keywords: tug
TrueNorth Cos., LC v. TruNorth Warranty Plans of N. Am. (Northern District of Iowa, 2018)
Key Insight: Protective order barring opposing council from viewing confidential materials denied for being too far
Nature of Case: trademark infringement, unfair competition
Electronic Data Involved: expert information
Keywords: trademark, protective order
Miller v. Sauberman et al., 2018 NY Slip Op 33142(U) (N.Y. Sup. Ct. Dec. 4, 2018)
Key Insight: When there are conflicting versions of a document, metadata to understand the modifications can be compelled to be produced, even with claimed significant costs
Nature of Case: Medical Malpractice
Electronic Data Involved: Metadata
Keywords: Surgery, colostomy, metadata, Fournier’s gangrene, Village Care
Identified State Rule(s): CPLR 3103
Eagle Air Med et al v. Sentinel Air Medical Alliance et al (D. Utah, 2018)
Key Insight: ordered forensic examination and sanctions (threatened terminating sanctions) for failure to disclose reconstructed hard drive
Nature of Case: personal injury
Electronic Data Involved: computer files
Keywords: converted motion for sanctions to motion to compel
Jared M. Villery v. Jeffrey Beard, et al., 1:15-cv-00987-DAD-BAM (PC), (California, Eastern District, 2018)
Key Insight: What amounts to good cause to seal relevant evidence from public view
Nature of Case: Civil Rights Action, violation of 8th amendment
Electronic Data Involved: confidential health information and confidential investigatory information obtained from witness interviews
Keywords: HIPPA, seal, confidential health information, good cause
Am. Mun. Power, Inc. v. Voith Hydro, Inc., No. 2:17-cv-00708 -ALM-EPD (S.D. Ohio June 4, 2018)
Key Insight: Which search terms are to be used to identify responsive ESI
Nature of Case: Construction litigation
Electronic Data Involved: Email and other ESI
BankDirect Capital Fin., LLC v. Capital Premium Fin., Inc., No. 1:15-cv-10340 (N.D. Ill. Apr. 4, 2018)
Key Insight: False statements about loss of evidence more easily prove intent wrt spoliation
Nature of Case: Breach of contract
Electronic Data Involved: Emails
De Simone v. VSL Pharms., Inc., No. 8:15-cv-01356-TDC (D. Md. March 16, 2018)
Key Insight: Intentional spoliation but with no bad faith and little prejudice leads to only costs and fees sanctions
Nature of Case: Intellectual property
Electronic Data Involved: Electronic documents
Epac Technologies, Inc. v. HarperCollins Christian Publishing, Inc., f/k/a Thomas Nelson, Inc., No. 3:12-cv-00463 (M.D. Tenn. March 29, 2018)
Key Insight: Gross negligence does not necessarily prove intent on loss of electronic documents
Nature of Case: Contract
Electronic Data Involved: Warehouse data, e-mails
In Re Domestic Airline Travel Antitrust Litigation, MDL Docket No. 2656, Misc. No. 15-1404 (CKK) (D.D.C. Sept. 13, 2018)
Key Insight: Motion for Extension of Time to Complete Discovery, unforeseen or unanticipated matters.
Nature of Case: Unlawful restraint of trade class action
Electronic Data Involved: 3.5 million predominantly non-responsive documents produced by defendant, predictive coding.