Adequacy of Search/Identification or Collection – Page 6

Wooten v. BNSF Railway Company (D. Mont., 2018)

May 29 2018

Key Insight: Spoliation; Duty to preserve; AC/WP; Voluntary disclosure doctrine

Nature of Case: Personal injury

Electronic Data Involved: ESI; Videos; Digital data and metadata; Photographs; SD/media card; email; Forensic exam of cell phone

Keywords: Dishonest report of personal injury; Summary Judgment; FRSA; LIA; Spoliation; dispositive sanctions; extraordinary circumstances; Willfulnes; Bad Faith; Prejudices; adverse inference; misappropriated documents; AC/WP

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Xyngular v. Schenkel (Tenth Circuit, 2018)

May 15 2018

Key Insight: Terminating case is an appropriate sanction if there’s bad faith pre-litigation conduct

Nature of Case: corporate self dealing

Electronic Data Involved: Documents

Keywords: sanctions, terminate case, misconduct, bad faith

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Mid-Atlantic Framing v. AVA Realty Ithaca, LLC (N.D.N.Y., 2018)

Mar 29 2018

Key Insight: Willfull failure to produce records in discovery; Adverse inferences

Nature of Case: Contract

Electronic Data Involved: ESI

Keywords: Summary Judgment; Spoliation; Sanctions; Bad Faith; Mechanics lien; discovery delay; failure to produce records

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Lokai Holdings LLC v. Twin Tiger USA LLC (Southern District of New York, 2018)

Mar 12 2018

Key Insight: Routine deletion of emails/lack of archival service leads to sanctions, but may not be considered intentionally depriving opposing counsel depending on the circumstances

Nature of Case: Trade-dress infringement

Electronic Data Involved: Emails

Keywords: sanctions, preclusion order, beads

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Allstate Insurance Co. v. Papanek (No. 3:15-cv-240, 2018 (S.D. Ohio Jan. 5, 2018), 2018)

Jan 05 2018

Key Insight: whether there was accessibility problems or undue burden or cost associated with turning over phones and computers for forensic imaging; also, whether it was sufficient to have plaintiff’s employee’s conduct a search for responsive ESI

Nature of Case: breach of contract, tortious interference

Electronic Data Involved: e-mails, phone messages, physical computers and cellphones and their data

Keywords: “former business relationship”, “information may be discoverable even if not ultimately admissible into evidence”, “Allstate, however, agreed to produce responsive information within its custody”

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Realpage, Inc., v. Enter. Risk Control, LLC, No. 4:16-CV-00737, 2017 WL 1180420 (E.D. Tex. Mar. 30, 2017)

Dec 01 2017

Key Insight: The Court granted Plaintiffs? Motion to Compel Production of Defendants? computer images. Defendants made their source code available to Plaintiffs who then identified comments made prior to the produced source code date. Defendants insisted the pre-July 2013 source code was destroyed when Plaintiffs? former employee became a full-time employee of Defendants. The Court found that Defendants provided a sufficient explanation of good faith destruction of pre-July 2013 code but that limited forensic imaging could recover important deleted materials. The Court held that a tailored examination by a third-party forensic expert of Defendants? computers is appropriate to determine whether the pre-July code is recoverable or to assist in cross-examination as to its destruction.

Electronic Data Involved: Mirror image

Youngevity Int’l Corp. v. Smith, No. 16-cv-704-BTM-JLB (S.D. Cal. Dec. 21, 2017)

Dec 01 2017

Key Insight: 4.2 million pages of keyword “”hit”” documents produced without review, but designated “”Attorney Eyes Only.

Nature of Case: unfair competition

Electronic Data Involved: 4.2 million pages of keyword “”hit”” documents

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Padron v. Watchtower Bible & Tract Society of New York , Inc. (Cal. Ct. App., 4th District, 2017)

Nov 09 2017

Key Insight: Refusal to produce documents. Clergy-penitent privilege

Nature of Case: Negligence and failure to warn (Sexual Abuse)

Electronic Data Involved: letter,email, fax,ESI

Keywords: Willful refusal to comply with discovery order; Monetary sanctions; Judicial estoppel

Moultrie v. Progressive Direct Ins. Co. (South Carolina District, Charleston Division, 2017)

Oct 18 2017

Key Insight: Party cannot use screenshots not disclosed in discovery to in support of summary judgment motion alleging electronic signature

Nature of Case: insurance coverage litigation

Electronic Data Involved: archived screenshots

Keywords: electronic signature, affirmative signature, meaningful offer, prepopulated

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Rembrandt Diagnostics, LP v. Innovacon, Inc., No. 3:16-cv-00698-CAB-NLS (S.D. Cal. Feb. 21, 2018)

Oct 03 2017

Key Insight: demand for irrelevant and disproportionate evidence

Nature of Case: breach of patent agreement

Electronic Data Involved: 300 GB emails

Keywords: irrelevant, patent infringement, reasonable limits on discovery

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Tag:Adequacy of Search/Identification or Collection