Case Summaries – Page 420 – Electronic Discovery Law

First Tech. Safety Sys., Inc. v. Depinet, 11 F.3d 641 (6th Cir. 1993)

Dec 01 2004

Key Insight: Ex parte order permitting plaintiff and its counsel, with U.S. Marshal, to enter defendants’ business premises and inventory and impound computer records and copy and inventory business records was abuse of discretion

Nature of Case: Crash test dummy manufacturer sued competitor for unfair competition, copyright infringement, misappropriation of trade secrets and related torts

Electronic Data Involved: Computer programs and printouts

Hayes v. Compass Group USA, Inc., 202 F.R.D. 363 (D. Conn. 2001)

Dec 01 2004

Key Insight: Defendants required to produce information on all age discrimination claims brought during relevant time frame for which defendants have computer search capabilities; defendants not required to manually search files created prior to installation of computerized case management system

Nature of Case: Age discrimination

Electronic Data Involved: Discrimination claims records

Johnson v. Bryco Arms, 222 F.R.D. 48 (E.D.N.Y. 2004)

Dec 01 2004

Key Insight: Federal database containing firearms tracing and licensing data which was maintained by Bureau of Alcohol, Tobacco & Firearms was relevant to plaintiffs’ claims, and was not protected by any law enforcement privilege when produced subject to an order of confidentiality; motion to quash subpoena denied

Nature of Case: Negligence action against manufacturers, distributors, and retailers of weapon used in robbery

Electronic Data Involved: Database maintained by Bureau of Alcohol, Tobacco, Firearms and Explosives

In re Lowe’s Companies, Inc., 134 S.W.3d 876 (Tex. App. 2004)

Dec 01 2004

Key Insight: Trial court’s order requiring witness to bring with her a computer or have access at the time of her deposition to a computer capable of logging onto the database and capable of searching, sorting and printing the data on the computer as requested by plaintiff’s counsel in the deposition was overbroad and vacated; however, witness would be required to testify about database since defendant had failed to establish that database was a trade secret

Nature of Case: Personal injury from falling merchandise

Electronic Data Involved: Database re accidents and injuries occurring at Lowe’s stores

Murlas Living Trust v. Mobil Oil Corp., 1995 WL 124186 (N.D. Ill. Mar. 20, 1999)

Dec 01 2004

Key Insight: Defendant not required to produce entire database; defendant ordered to re-search database for information relevant to subject property and if further information found, to produce it

Nature of Case: Lessor sued for contract breach and related claims stemming from leaking underground storage tank

Electronic Data Involved: Database containing information re facilities with leaking underground storage tanks

Premier Homes & Land Corp. v. Cheswell, Inc., 240 F. Supp. 2d 97 (D. Mass. 2002)

Dec 01 2004

Key Insight: In related action, court granted defendant’s ex parte application to allow its consultants to create mirror images of plaintiff’s computer hard drives, backup tapes and other storage media, in light of allegation that critical document and email were fabricated; after granting unopposed motion to dismiss, court awarded defendant $24,845.99 in fees and costs, including computer consultant fees of $5,650

Nature of Case: Alleged breach of lease agreement

Electronic Data Involved: Hard drives and other storage devices

Sch. of Visual Arts v. Kuprewicz, 771 N.Y.S.2d 804 (N.Y. App. Div. 2003)

Dec 01 2004

Key Insight: Brief reference in footnote 9 to court’s previous oral ruling enjoining defendant from destroying or erasing any files from her home computer and directing defendant to give the computer to her lawyer so as to preserve potential evidence

Nature of Case: Employer sued former employee alleging she posted false job postings on web site and caused unsolicited job applications and pornographic email to be sent to employer

Electronic Data Involved: Home computer

Strasser v. Yalamanchi, 669 So.2d 1142 (Fla. Dist. Ct. App. 1996)

Dec 01 2004

Key Insight: Order allowing plaintiff unrestricted access to defendant’s computer system quashed, because the order allowed plaintiff unrestricted access to defendant’s computer system, including all of his programs and directories, without protection for any privileged or confidential information and without safeguards or restrictions to minimize any potential harm to the computer system

Nature of Case: Breach of contract suit between former partners

Electronic Data Involved: Inspection of computer system to search for financial information

Uniroyal Chem. Co. Inc. v. Syngenta Crop Protection, 224 F.R.D. 53 (D. Conn. 2004)

Dec 01 2004

Key Insight: Where plaintiff demonstrated that allowing defendant unrestricted access to database would result in a clearly defined and serious injury, court held that plaintiff’s “confidential – attorneys’ eyes only” designation was appropriate and denied motion to compel

Nature of Case: Contract dispute

Electronic Data Involved: Database containing research data

Wiginton v. CB Richard Ellis, Inc., 229 F.R.D. 568 (N.D. Ill. 2004)

Dec 01 2004

Key Insight: Court created its own eight-factor test by adding one more factor to the Zubulake seven-factor test, and determined that cost-shifting was appropriate (responding party 25% and requesting party 75%)

Nature of Case: Sexual harassment

Electronic Data Involved: Email stored on backup tapes

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