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
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
Key Insight: Conduct discovery in good faith; Maintain a civil tone in communications; Purge of emails
Nature of Case: Employment Discrimination
Electronic Data Involved: ESI; email; SMS; Text messages
Keywords: Good Faith; Proportionality; Meet and confer; Rule 16 – Scope of discovery; Purge of emails; Complete breakdown of discovery
Key Insight: plaintiff is seeking notices of litigation sent to co-insurers by defendant and defendant claims work product and privilege.
Nature of Case: MDL against drug companies for damages for allegedly contaminated blood products.
Electronic Data Involved: post-litigation communications with co-insurers and re-insurers.
Keywords: work product, privilege, notice to insurers, scope of coverage
Key Insight: Is expedited discovery warranted, and how extensive can Twitch seek discovery on the bot company. Are the non-respnding defendants’ financial informations avle to be discovered?
Nature of Case: Trademark, Contract, unfair competition, cybersquatting
Electronic Data Involved: financial/billing information
Keywords: Immediate discovery, video games, internet, third party discovery
Key Insight: Discovery request for managers’ text messages was ruled overbroad and not likely to be useful due to store policy that managers only communicate via email or voicemail.
Nature of Case: Fair Labor Standards Act dispute
Electronic Data Involved: text messages, email, communication methods the managers could have possibly used
Keywords: Text messages, overbreadth, overbroad, relevance
Key Insight: personnel file related to settlement and claims handling was ordered to be produced with some confidentiality and redactions to protect personal information of adjuster.
Nature of Case: bad faith
Electronic Data Involved: adjusters personnel file
Keywords: personnel file
Key Insight: Plaintiff requested information related to outside counsel’s evaluation of claims. Court granted, but limited original request.
Nature of Case: Insurance breach of contract and bad faith
Electronic Data Involved: Various documents related to claims investigations; primarily related to outside counsel evaluations.
Keywords: scope; outside counsel; evaluation of claim
Key Insight: How much access of a party’s electronic information system does rule 34(a) give a party?
Nature of Case: Trade secrets
Electronic Data Involved: Responsive documents
Keywords: ESI protocol, Forensic images, overly broad
Key Insight: Interrogatories asking for evidence proving or disproving engagement in interstate commerce are improper due to requesting conclusions of law.
Nature of Case: fair labor standards act violations
Keywords: interstate commerce
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