Key Insight: A part protesting specific RFPs in an ESI stipulation must show why it is unduly burdensome
Nature of Case: class action unfair competition
Electronic Data Involved: audio files, hard-copy correspondence, archived email
Keywords: pre class certification discovery, ESI protocol, ESI Stipulation, proportionality
Key Insight: sanctions for fabrication of documents
Nature of Case: breach of contract
Electronic Data Involved: e-mails
Keywords: spoliation, fabrication, native version, native file, terminating sanctions, litigation hold
Key Insight: scope of search term requests
Nature of Case: patent infringement
Electronic Data Involved: email, search terms
Keywords: overbreadth objection, four requests
Key Insight: Debt from a sanction for willful/malicious conduct is dischargeable if it is based on the underlying claim
Nature of Case: Breach of Contract
Electronic Data Involved: Document showing payment to vendors, cashier’s check
Keywords: Willful and malicious
Identified State Rule(s): Pa. R. Civ. P. 4019(c)(1)-(5)
Key Insight: Plaintiff was sanctioned for re-litigating issues, ignoring court orders and insisting on overbroad scope of discovery
Nature of Case: products liability
Electronic Data Involved: Documents generally
Keywords: sanctions, scope of discovery, disregarding court orders
Key Insight: forensic examination should be ?the exception, not the rule.?
Nature of Case: employment, FMLA
Electronic Data Involved: text messages, deleted messages, lost devices, forensic examination
Keywords: social media, text messages, forensic examination, FMLA
Key Insight: Phone Call was deleted by negligence. Court allowed short statement regarding spoliation to jury, but did not order an adverse inference instruction.
Nature of Case: Civil Rights; Wrongful Death
Electronic Data Involved: Recording of Phone Call
Keywords: Spoilation; Sanctions
Key Insight: self-incrimination through possession of documents
Nature of Case: Telephone Consumer Protection Act (TCPA)
Electronic Data Involved: text messages, call logs
Keywords: Telephone Consumer Protection Act (TCPA), non-party agents, Fifth Amendment Rights, self-incrimination, 47 U.S.C. 227
Key Insight: scope of discovery of magistrate’s motion to compel
Nature of Case: Title VII gender discrimination, class action
Electronic Data Involved: electronic documents
Keywords: class action, relevance, gender discrimination, advisory committee notes
Key Insight: compliance with Rule 45 subpoena
Nature of Case: consumer protection/unfair competition
Electronic Data Involved: electronic documents
Keywords: 45(d)(3), relevancy, unretained expert information, confidential research, commercial information, cost-shifting, third party
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