Catagory:Case Summaries

1
Price v. Synapse Grp. Inc. (Southern District California, 2018)
2
Comlab Corp. v. Kal Tire, No. 17-cv-1907 (S.D.N.Y. Sept. 11, 2018)
3
Digital Ally, Inc. v. Taser International Inc., No. 16-cv-2032-CM-TJJ (D. Kan. Sept. 11, 2018)
4
In re Catalan (E.D. Pa., 2018)
5
Vallejo v. Amgen, Inc (8th Circuit Appellate Court, 2018)
6
Valdes v. Greater Naples Fire Rescue Dist. No. 2:17-cv-417-FtM-29CM (M.D. Fla. Sept. 7, 2018)
7
Porter v. City & Cnty. Of San Francisco, No. 16-cv-03771-CW(DMR) (N.D. Cal. Sept. 5, 2018)
8
Kennicott v. Sandia Corp., No. CIV 17-0188 (D.N.M. Aug. 30, 2018)
9
Gould v. Farmers Insurance Exchange, No. 4:17 CV 2305 RWS (E.D. Mo. Aug. 30, 2018)
10
Mylan, Inc. v. Analysis Group, Inc., No. 18-mc-209-DDC-TJJ (D. Kan. Aug. 27, 2018)

Price v. Synapse Grp. Inc. (Southern District California, 2018)

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

View Case Opinion

Comlab Corp. v. Kal Tire, No. 17-cv-1907 (S.D.N.Y. Sept. 11, 2018)

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

View Case Opinion

In re Catalan (E.D. Pa., 2018)

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)

View Case Opinion

Vallejo v. Amgen, Inc (8th Circuit Appellate Court, 2018)

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

View Case Opinion

Valdes v. Greater Naples Fire Rescue Dist. No. 2:17-cv-417-FtM-29CM (M.D. Fla. Sept. 7, 2018)

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

View Case Opinion

Porter v. City & Cnty. Of San Francisco, No. 16-cv-03771-CW(DMR) (N.D. Cal. Sept. 5, 2018)

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

View Case Opinion

Kennicott v. Sandia Corp., No. CIV 17-0188 (D.N.M. Aug. 30, 2018)

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

View Case Opinion

Gould v. Farmers Insurance Exchange, No. 4:17 CV 2305 RWS (E.D. Mo. Aug. 30, 2018)

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

View Case Opinion

Mylan, Inc. v. Analysis Group, Inc., No. 18-mc-209-DDC-TJJ (D. Kan. Aug. 27, 2018)

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

View Case Opinion

Copyright © 2022, K&L Gates LLP. All Rights Reserved.