Catagory:Case Summaries

1
Waymo LLC v. Uber Techs., Inc., No. 3:17-cv-00939-WHA (N.D. Cal. Jan. 30, 2018)
2
Kische v. Simsek (Western District of Washington, 2018)
3
TLS Management & Marketing Services, LLC v. Mardis Financial Services, Inc., et al. – 3:14-cv-00881 (Southern District of Mississippi, 2018)
4
Brown v. Sam?s West Inc. (Nevada District, 2018)
5
Klipsch Group, Inc. v. ePRO E-Commerce Ltd., No. 16-3637-cv (L) (2nd Cir. Jan. 25, 2018)
6
Martinez v. City of New York (Eastern District of New York, 2018)
7
In re Simply Orange Orange Juice Mktg. & Sales Practices Litig. (W.D. Mo., 2018)
8
Dotson, et al. v. Edmonson, et al., No. 16-15371 (E.D. La. Jan. 22, 2018)
9
Cordoba v. Pulido (N.D. Cal., 2018)
10
Tipp v. Adeptus Health Incorporated et al (D. Ariz., 2018)

Waymo LLC v. Uber Techs., Inc., No. 3:17-cv-00939-WHA (N.D. Cal. Jan. 30, 2018)

Key Insight: Intent must be proved for adverse inference sanction, “evilness” of corporation not at issue

Nature of Case: Trade secret misappropriation

Electronic Data Involved: Electronic records

Keywords: Uber, evil corporation, trade secret, imagination, spoliation, Academy Award

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Kische v. Simsek (Western District of Washington, 2018)

Key Insight: Courts have inherent authority and FRCP 37 to apply sanctions for spoliation and the inherent authority analysis (which the court used in this case) is much the same as FRCP 37

Nature of Case: Trademark infringement

Electronic Data Involved: Electronic data generally (EDI records, Quickbook files, passwords, sales data)

Keywords: Turkey, women’s apparel, Lanham act

Identified Local Court Rule(s): W.D. Wash. LCR 7

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TLS Management & Marketing Services, LLC v. Mardis Financial Services, Inc., et al. – 3:14-cv-00881 (Southern District of Mississippi, 2018)

Key Insight: was data not preserved and therefore lost in bad faith?

Nature of Case: breach of contract, tortious business interference, unfair competition, trade secrets law, etc

Electronic Data Involved: Business documents, information about business strategy, clients and products.

Keywords: preservation, bad faith, destroyed data.

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Brown v. Sam?s West Inc. (Nevada District, 2018)

Key Insight: Adverse inference instruct sanction correct because party failed to preserve video evidence when overhauling system

Nature of Case: sip and fall, premises liability

Electronic Data Involved: video

Keywords: adverse inference instructions, culpable state of mind, destroying video

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Klipsch Group, Inc. v. ePRO E-Commerce Ltd., No. 16-3637-cv (L) (2nd Cir. Jan. 25, 2018)

Key Insight: Intentional spoliation/persistent discovery misconduct can lead to sanctions well above the amount in dispute

Nature of Case: Intellectual Property (trademark infringement/counterfeit)

Electronic Data Involved: Electronic data

Keywords: Sanctions, proportionality, willfully, adverse inference

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Martinez v. City of New York (Eastern District of New York, 2018)

Key Insight: Extreme misconduct by defendant leads to recommendation of termination sanctions

Nature of Case: Civil rights violations (police excessive force)

Electronic Data Involved: Electronic records generally

Keywords: retrospect, contempt, sanctions, Agiwal factors, repeated and numerous violations,

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In re Simply Orange Orange Juice Mktg. & Sales Practices Litig. (W.D. Mo., 2018)

Key Insight: relevance and proportionality

Nature of Case: false advertising

Electronic Data Involved: documents, communications

Keywords: relevant, proportional, reconsideration, additional discovery, custodial files, protective order, third party discovery

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Dotson, et al. v. Edmonson, et al., No. 16-15371 (E.D. La. Jan. 22, 2018)

Key Insight: Defendants turned in employer owned/funded cell phones a month after litigation filed; was not spoilation and no sanctions given

Nature of Case: Civil Rights Violation

Electronic Data Involved: Cell Phone Records

Keywords: spoilation, duty of preservation

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Cordoba v. Pulido (N.D. Cal., 2018)

Key Insight: whether a permissive adverse inference instruction should be permitted; if so, whether spoliating party should be permitted to offer evidence to justify spoliation

Nature of Case: sexual harassment/abuse

Electronic Data Involved: hard copy

Keywords: permissive adverse inference, permitting spoliating party to explain, negligent failure to preserve

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Tipp v. Adeptus Health Incorporated et al (D. Ariz., 2018)

Key Insight: While shredded physical notes are not ESI, and thus not governed by FRCP 37(e), the court finds it a helpful rationale in deciding the proper course of action.

Nature of Case: Civil Rights

Electronic Data Involved: handwritten notes

Keywords: adverse inference, spoliation sanctions,

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