Catagory:Case Summaries

1
Rood v. Liberty Ins. Underwriters, Inc. (District of Nevada, 2018)
2
Hinostroza v. Denny’s Inc., No. 2:17-cv-02561-RFB-NJK (D. Nev. June 29, 2018)
3
Webastro Thermo & Comfort North America, Inc., et al. v. Bestop, Inc. (Eastern District of Michigan, 2018)
4
Carpenter v. United States (U.S. , 2018)
5
In re Methodist Primary Care Grp, 553 S.W.3d 709 (Tex. 14th Dist. Ct. App. June 21, 2018)
6
Williams v. CoreCivic, Inc. (D. Kan., 2018)
7
In re Schlich, 893 F.3d 40 (1st Cir. 2018).
8
Knight v. Boehringer Ingelheim Pharmaceuticals, Inc., 323 F. Supp. 837 (S.D. W. Va. June 19, 2018)
9
Mitchell v. Savannah Airport Commission (Southern District of Georgia, Savannah Division, 2018)
10
Regents of University of California v. Affymetrix (Southern District of California, District Court, 2018)

Rood v. Liberty Ins. Underwriters, Inc. (District of Nevada, 2018)

Key Insight: One party failing to perform their duties in discovery does not absolve the other party’s failures

Nature of Case: Breach of contract

Electronic Data Involved: Electronic documents generally

Keywords: “I know you are, but what am I?” , playground tantrum, unclean hands

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Hinostroza v. Denny’s Inc., No. 2:17-cv-02561-RFB-NJK (D. Nev. June 29, 2018)

Key Insight: Defendant’s motion (granted) to compel discovery from various plaintiff sources of ESI, including social media accounts.

Nature of Case: slip and fall injuries

Electronic Data Involved: emails, text messages, FitBit, social media

Keywords: slip and fall, social media, reflective of an individual’s contemporaneous emotions and mental state.

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Webastro Thermo & Comfort North America, Inc., et al. v. Bestop, Inc. (Eastern District of Michigan, 2018)

Key Insight: Providing evidence of voluminous discovery allows for narrowing of search terms

Nature of Case: Patent infringement

Electronic Data Involved: Electronic documents

Keywords: Webasto, Jeep,

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Carpenter v. United States (U.S. , 2018)

Key Insight: government acquisition of cell site location information (CSLI); Fourth Amendment

Nature of Case: Criminal

Electronic Data Involved: cell site location information (CSLI)

Keywords: cell site location information (CSLI); Fourth Amendment, search, third-party doctrine, location data, seizure, voluntarily shared, warrant, cell phone, expectation of privacy

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In re Methodist Primary Care Grp, 553 S.W.3d 709 (Tex. 14th Dist. Ct. App. June 21, 2018)

Key Insight: 3rd party access to another entity’s electronic database. On appeal, discovery order vacated on four factors: inadequate data request, no evidence that search would find responsive data, order requested data outside plaintiff’s original request, order improperly granted access to data outside litigation’s scope.

Nature of Case: Trade secret theft and interference with patient relationships

Electronic Data Involved: electronic practice management systems in the cloud

Keywords: 3rd party, expert, search, electronic database, cloud, undue intrusion, beyond the scope.

In re Schlich, 893 F.3d 40 (1st Cir. 2018).

Key Insight: Petitioner met statutory requirements under Section 1782, but not the discretionary factors. Circuit court affirmed denial of discovery request.

Nature of Case: European Patent Case

Electronic Data Involved: Documents in US for use in European Case

Keywords: Foreign Proceeding

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Knight v. Boehringer Ingelheim Pharmaceuticals, Inc., 323 F. Supp. 837 (S.D. W. Va. June 19, 2018)

Key Insight: application of spoliation sanctions occurring in past matters

Nature of Case: product liability

Electronic Data Involved: electronic records, e-mails

Keywords: spoliation, prior sanctions, intent to deprive, prejudice, adverse instruction

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Mitchell v. Savannah Airport Commission (Southern District of Georgia, Savannah Division, 2018)

Key Insight: Lack of communication regarding extending discovery timeline doesn’t entitle a party to additional time

Nature of Case: workplace discrimination

Electronic Data Involved: Documents

Keywords: discovery timeline, reopening discovery, lack of communication, radio silence

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Regents of University of California v. Affymetrix (Southern District of California, District Court, 2018)

Key Insight: The common interest exception to AC privilege allowing the presence of a third party doesn’t apply when the third party is not represented by counsel

Nature of Case: patent infringement

Electronic Data Involved: archived email

Keywords: common interest doctrine, privilege, third party, common legal strategy, unrepresented party

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