Case Summaries – Page 419 – Electronic Discovery Law

Positive Software Solutions, Inc. v. New Century Mortgage Corp., 259 F. Supp. 2d 561 (N.D. Tex. 2003)

Dec 01 2004

Key Insight: Court entered preservation order requiring preservation of all extant backups or images of all servers or personal computers containing disputed software or email; court denied motion to compel imaging of all media potentially containing software or electronic evidence relevant to the claims in the suit, and all images of defendants’ computer storage facilities, drives and servers taken to date, as substantially overbroad

Nature of Case: Copyright infringement

Electronic Data Involved: Backups and images of servers, software and email

Santiago v. Miles, 121 F.R.D. 636 (W.D.N.Y. 1988)

Dec 01 2004

Key Insight: Motion to compel production of computer printouts denied as to those constituting work product, granted as to those that were not prepared in anticipation of litigation

Nature of Case: Inmates sued for intentional discrimination in assignment of housing, programs, and administration of discipline

Electronic Data Involved: Computer printouts showing analysis of work locations and ethnicity of inmates

Stevenson v. Union Pac. R.R. Co., 354 F.3d 739 (8th Cir. 2004)

Dec 01 2004

Key Insight: Adverse inference jury instruction against defendant for its prelitigation destruction of tape-recorded voice radio communications between train crew and dispatchers on date of collision was proper, but refusal to permit testimony offered by defendant to rebut the adverse inference was abuse of discretion

Nature of Case: Negligence

Electronic Data Involved: Tape-recorded voice radio communications

Uncle Henry’s Inc. v. Plaut Consulting, Inc., 2002 WL 31833139 (D. Me. Dec. 17, 2002)

Dec 01 2004

Key Insight: Court rejected plaintiff’s motion to reconsider recommended decision on summary judgment and motion to supplement the record with additional electronic materials (including email) obtained from belatedly produced zip disk, since plaintiff failed to seek a continuance under Rule 56(f) and proffer came two months after receipt of electronic media and was therefore tardy

Nature of Case: Contract dispute

Electronic Data Involved: Electronic documents and email stored on “zip” disk

Weaver v. Zenimax Media, Inc., 2004 WL 2755852 (Md. Cir. Ct. Sept. 3, 2004)

Dec 01 2004

Key Insight: Exercising its inherent authority to safeguard the integrity of its judicial process, court granted defendants’ motion for sanctions and dismissed the complaint due to plaintiff’s discovery abuses and “civil vigilantism” which began during the course of his employment and prior to filing suit

Nature of Case: Wrongful discharge

Electronic Data Involved: Illicit incursions into the offices, computers, and email accounts of executives of defendant

Peter Rosenbaum Photography Corp. v. Otto Doosan Mail Order Ltd., 2004 WL 2973822 (N.D. Ill. Nov. 30, 2004)

Dec 01 2004

Key Insight: Court ordered nonparty to comply with subpoenas seeking electronic records, imposing monetary sanctions for nonparty’s unsupported argument that bankruptcy court’s automatic stay prevented it from having to comply with the subpoenas and ordering nonparty and plaintiff to meet and confer on means for compliance

Nature of Case: Copyright infringement

Electronic Data Involved: Electronic records, including email

Mosaid Techs. Inc. v. Samsung Elecs. Co., 348 F.Supp.2d 332 (D.N.J. 2004) (“Mosaid IV”)

Dec 01 2004

Key Insight: Finding defendant’s actions went “far beyond mere negligence, demonstrating knowing and intentional conduct that led to the nonproduction of all technical e-mails,” district court affirmed the spoliation inference jury instruction and monetary sanctions imposed by magistrate

Nature of Case: Patent infringement

Electronic Data Involved: Email

Am. Bankers Ins. Co. of Fla. v. Caruth, 786 S.W.2d 427 (Tex. App. 1990)

Dec 01 2004

Key Insight: Entry of default judgment on issue of liability and imposition of other discovery sanctions against insurer for failure to produce computer data and other discovery abuses was not an abuse of discretion

Nature of Case: Insurance coverage

Electronic Data Involved: Database

Carlton Group, Ltd. v. Tobin, 2003 WL 21782650, fn. 8 (S.D.N.Y. July 31, 2003)

Dec 01 2004

Key Insight: Court granted ex parte application for TRO and related relief in order to locate and recover stolen information, and ordered return of laptops and “bit stream copying” of defendants’ computers to preserve deleted data

Nature of Case: Financial services company sued former employees for conspiring to steal confidential and proprietary information and unfair competition

Electronic Data Involved: Client databases and other proprietary information

Concerned Citizens of Belle Haven v. Belle Haven Club, 223 F.R.D. 39 (D. Conn. 2004)

Dec 01 2004

Key Insight: Court granted plaintiffs’ motion to compel defendants to respond to interrogatories and requests for admissions relating to database compiled by plaintiffs that contained factual information as property address, owners, purchase dates, dates of club membership, and religious affiliation

Nature of Case: Property owners sued yacht club alleging discriminatory practices

Electronic Data Involved: Database

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