In re Pickrell (Tex. App. 10th Dist. , 2017)
Key Insight: Whether pre-complaint discovery applies to document productions
Nature of Case: Non compete
Electronic Data Involved: pre-complaint discovery
Keywords: pre-complaint discovery
US ex rel Scutellaro v. Capitol Supply (D.D.C., 2017)
Key Insight: Whether FRCP 37(e) applies where the duty to preserve does not arise out of the anticipation or conduct of litigation, whether sanctions issued under a court’s inherent power were appropriate
Nature of Case: False Claims Act
Electronic Data Involved: country of origin data
Keywords: Country of Origin documentation, adverse inference, Trade Agreements Act, inherent power, overwrite, direct proof or disproof
Garcia v. City of Santa Clara (Northern District of California, 2017)
Key Insight: Sanction and adverse inference inappropriate because nothing lost/destroyed was highly probative
Nature of Case: Excessive force
Electronic Data Involved: emails, reports
Keywords: adverse inference
Elhannon LLC v. F.A. Bartlett Tree Expert Co., No. 2:14-cv-262 (D. Vt. Apr. 18, 2017)
Key Insight: Defendant has inadequate production even when supplemented. Judge ordered meet-and-confer to work out some of the disagreements. Judge did not give either side sanctions.
Nature of Case: Breach of Contract; Consumer Fraud
Electronic Data Involved: E-mail; Electronic Database
Keywords: Meet-and-confer; Inadequate Production; Supplemental Production
Goodyear Tire & Rubber Co. v. Haeger (U. S. Supreme Court, 2017)
Key Insight: Slow responses to discovery; withholding information; Discovery fraud
Nature of Case: Personal Injury
Electronic Data Involved: Not specifically stated “documents”
Keywords: Attorney Fees; Bad Faith; Withholding information; Misconduct; Sanctions must be compensatory not punitive; Court’s inherent authority; But-For test
Rockwell Medical, Inc. v. Richmond Brothers, Inc. (E.D. Mich., 2017)
Key Insight: Can discovery be given an expedited time table in order to precede a preliminary injunction hearing? Is it proportional?
Nature of Case: Legislation on violations of the Securities and Exchange Act of 1934
Electronic Data Involved: Depositions and documents (defined very broadly)
Keywords: Preliminary injunction, expedited discovery, proportionality, unduly burdensome
Tchatat v. OHara (Southern District of NY, 2017)
Key Insight: Arrest did not trigger a duty for defendants to preserve video of alleged beating before arrest
Nature of Case: Wrongful arrest
Electronic Data Involved: video, electronic photos
Keywords: triggering duty to preserve
Meredith v. United Collection Bureau, Inc., No. 1:16 CV 1102, 2017 WL 1355696 (N.D. Ohio Apr. 13, 2017)
Key Insight: A program to parse relevant data from an existing database may trump usual course of business format
Nature of Case: Telephone Consumer Protection Act
Electronic Data Involved: Electronic list of wrong phone calls
Keywords: computer program, usual course of business,
Scott v. Eglin Fed. Credit Union (N.D. Fla., 2017)
Key Insight: Discovery of these things was blocked, since they were ruled to be only marginally relevant compared to the time and expense it would take to produce them.
Nature of Case: Employment Discrimination
Electronic Data Involved: emails and text messages
Keywords: relevance, marginal relevance, time and expense
Zamora v. Stellar Management Group, Inc. (W.D. Mo., 2017)
Key Insight: Can the court order additional discovery if a party destroys evidence? Is a prejudice ruling required in a destruction of evidence case?
Nature of Case: Retaliation and discharge
Electronic Data Involved: text messages, emails, social media messages
Keywords: Prejudice, Destruction of evidence, Social media, Text messages