Americans with Disabilities Act ("ADA") – Electronic Discovery Law

Brady v. APM Management, LLC (N.D. Ohio 2020)

Jul 28 2020

Key Insight: Plaintiff’s Motion for Sanctions was granted and denied in part. Defendants had failed to produce documents and comply with discovery obligations. The Court concluded that Defendants, but not Defendants’ counsel, had acted in bad faith by making misrepresentations, and issued monetary sanctions against Defendants and barred a previously pled defense. The Court denied Plaintiff’s request of a sanction of precluding Defendants from raising a new defense. Moreover, the Court declined to award fees and costs for Plaintiff’s Motion to Compel Defendants to produce financial records.

Nature of Case: Wrongful Termination, Family Medical Leave Act (“FMLA”), Americans with Disabilities Act (“ADA”)

Electronic Data Involved: N/A

Case Summary

McMaster v. Kohl’s Department Stores, Inc. (E.D. Mich. 2020)

Jul 24 2020

Key Insight: The litigation was over purported employment discrimination based on age and/or disability. Plaintiff’s Second Motion to Compel specifically sought emails from an employee of Defendant for the purpose of establishing a pattern of age and/or disability discrimination. The Court found that the emails were relevant to the litigation, and chose a date range other than that request by the parties.

The larger disagreement between the parties was over the search terms to be utilized for finding the emails. The Court ordered the parties, if they could not agree on terms, to retain an expert to assist them, and if they still could not agree, to return to Court with the opinion of the expert. Plaintiff’s Second Motion to Compel was partially granted and partially denied.

Nature of Case: Employment Discrimination, Disability Discrimination, Wrongful Termination, ADA

Electronic Data Involved: Email

Case Summary

Tag:Americans with Disabilities Act ("ADA")