Williams v. CoreCivic, Inc. (D. Kan., 2018)
Key Insight: Can a party “reserve” objections to discovery for trial, or answer recovery “on a rolling basis”?
Nature of Case: Discrimination
Keywords:
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
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
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
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
Trainer v. Continental Carbonic Products, Inc., No. 16-cv-4335 (D. Minn. June 15, 2018)
Key Insight: proportionality, spoliation sanctions
Nature of Case: wrongful termination
Electronic Data Involved: text messages, e-mails
Keywords: spoliation, forensic imaging, relevance, duty to preserve, intent to deprive, prejudice, attorney’s fees
Bell v. Pension Committee of Ath Holding Co., LLC, No. 1-15-cv-02062-TWP-MPB (S.D. Ind. June 14, 2018)
Key Insight: discoverability of Facebook messages
Nature of Case: Breach of fiduciary duty, ERISA
Electronic Data Involved: Facebook private messages, Facebook post
Keywords: 37(a), Facebook, private messaging, relevance, work product doctrine, common interest privilege
Animal Science Prods., Inc. v. Hebei Welcome Pharmaceutical Co. Ltd., No. 16-1220 (S. Ct. June 14, 2018).
Key Insight: Foreign Government statements should be weighed by 5 factors. Courts should afford consideration, but are not bound to conclusively accept the statements of foreign governments.
Nature of Case: Price Fixing
Electronic Data Involved: Foreign Government Statement
Keywords: Foreign Law
Firstsource Solutions USA, LLC v. Tulare Regional Med. Ctr., No. 1:15-cv-01136-DAD-EPG, 2018 WL 2949853 (Eastern District of California , 2018)
Key Insight: whether a FRCP 56(d) motion will be granted when the moving party, in bad faith, fails to conduct discovery diligently
Nature of Case: breach of contract
Electronic Data Involved: billing records
Keywords: summary judgment; additional discovery