Case Summaries – Page 402 – Electronic Discovery Law

Advantacare Health Partners, LP v. Access IV, 2004 WL 1837997 (N.D. Cal. Aug. 17, 2004)

Dec 01 2004

Key Insight: Court denied motion for default judgment but granted motion for an adverse inference instruction and $20,000 in monetary sanctions where, in advance of court-ordered inspection, defendants deleted from their computers numerous electronic files which had been copied from former employer’s computer systems prior to their resignations, and, after the inspection, defendants failed to comply with court’s order that they delete all of plaintiffs’ files from their computers

Nature of Case: Misappropriation of trade secrets and related torts

Electronic Data Involved: Proprietary information in electronic form

Braxton v. Farmer’s Ins. Group, 209 F.R.D. 651 (N.D. Ala. 2002)

Dec 01 2004

Key Insight: Non-party subpoena issued by plaintiff to insurance agents for email and electronic documents touching on, relating to or concerning use of consumer credit reports in setting homeowners’ insurance premiums quashed as unduly burdensome, in absence of showing that defendant’s production of such materials was inadequate

Nature of Case: Class action alleging that insurer violated Fair Credit Reporting Act

Electronic Data Involved: Email and documents in electronic format

Comm’r of Labor v Ward, 580 S.E.2d 432 (Table, Text in WESTLAW) 2003 WL 21267941 (N.C.Ct. App. 2003)

Dec 01 2004

Key Insight: Where defendants intentionally and willfully refused to comply with court’s discovery orders regarding electronically stored information, sanctions in form of striking defendants’ answer, preventing them from defending against plaintiff’s claims, and granting default judgment was not an abuse of discretion

Nature of Case: Wage and Hour Act violations

Electronic Data Involved: Electronic data

In re Fagnant, 2004 WL 2944126 (Bankr. D.N.H. Dec. 13, 2004

Dec 01 2004

Key Insight: Where defendant acted in good faith in printing and delivering to his counsel a copy of his computerized general ledger, but counsel failed to disclose it until the eve of trial, court denied plaintiff’s request for discovery sanction precluding introduction of general ledger at trial, but awarded monetary sanctions against defense counsel

Nature of Case: Adversary proceeding in bankruptcy court

Electronic Data Involved: Printout from computerized general ledger

In re Grand Jury Subpoena Duces Tecum Dated Nov. 15, 1993, 846 F. Supp. 11 (S.D.N.Y. 1994)

Dec 01 2004

Key Insight: Grand jury subpoena demanding production of all computer hard drives and disks of specified individuals (as opposed to specified categories of information) quashed because it was unreasonably broad

Nature of Case: Grand jury proceedings

Electronic Data Involved: Computer hard drives and floppy diskettes

Itzenson v. Hartford Life & Accident Ins. Co., 2000 WL 1507422 (E.D. Pa. Oct. 10, 2000)

Dec 01 2004

Key Insight: Discovery deadline extended and defendant ordered to “use every practicable means” to identify requested claims files; if defendant truly cannot segregate the claim files, defendant would be directed to make available a representative with requisite knowledge and skill to assist plaintiff’s representative in reviewing and identifying as promptly as possible each unsegregated file which met plaintiff’s criteria

Nature of Case: ERISA action to recover death benefits under employee benefit plan

Electronic Data Involved: Database re insurance claims

Lipco Elec. Corp. v. ASG Consulting Corp., 2004 WL 1949062 (N.Y. Sup. Ct. Aug. 18, 2004) (Unpublished)

Dec 01 2004

Key Insight: Noting differences between federal law and New York law regarding cost-shifting in discovery, court stated it did not have sufficient information about the costs associated with the requested discovery, but concluded that until plaintiffs indicated a willingness to pay for the requested electronic discovery (whatever its cost), court would not order its production

Nature of Case: Claims based on breach of contract and for an accounting

Electronic Data Involved: Computer data

Momah v. Albert Einstein Med. Center, 164 F.R.D. 412 (E.D. Pa. 1996)

Dec 01 2004

Key Insight: Plaintiff’s motion to compel copy of “list files” screen, which listed each document created by name or number, as well as the size of the document, the date on which it was created and the date on which it was last edited, granted where plaintiff demonstrated need to determine whether key documents were back-dated

Nature of Case: Wrongful termination (discrimination based on race/national origin)

Electronic Data Involved: Copy of “list files” screen showing details of files on computer of individual defendant

Portis v. City of Chicago, 2004 WL 1535854 (N.D. Ill. July 7, 2004)

Dec 01 2004

Key Insight: Court granted motion to compel access to database constituting fact work product, where requesting party demonstrated (1) substantial need for the information and (2) undue hardship were it required to compile a similar database from scratch; however, requesting party would have to contribute its fair share toward the expenses incurred in compiling the database

Nature of Case: Class action for civil rights violations

Electronic Data Involved: Database compiled at direction of plaintiffs’ attorneys

In re St. Jude Med., Inc., Silzone Heart Valves Prod. Liab. Litig., 2002 WL 341019 (D. Minn. Mar. 1, 2002)

Dec 01 2004

Key Insight: Court entered supplementary pretrial preservation order to address “newly created documents” and backups of electronic data; regarding the latter, the order prohibits “the routine erasure of computerized information potentially relevant to the subject matter of this litigation,” but states that “The full and complete back-up of any server or other computer on a periodic basis (e.g. monthly) shall relieve the party of any obligation to maintain any interim backups of the same server or other computer.”

Nature of Case: Product liability

Electronic Data Involved: Electronic data and email, and backups of electronic data

Catagory:Case Summaries