Key Insight: jurisdictional discovery denied after plaintiff did not narrow scope of requests
Nature of Case: common nuisance
Electronic Data Involved: documents
Keywords: jurisdictional discovery
Key Insight: relevant to see if distracted driving but three days worth disproportionate
Nature of Case: personal injury
Electronic Data Involved: cell phone records
Keywords: truck driver’s cell phone activity to see if distracted
Key Insight: Student witness statements or employee records are not FERPA protected “educational records,” FERPA can also be overcome through proper redactions and a demonstrable need for the information, no personal stakes in the outcome in the suit discourages disclosure of third party employment records
Nature of Case: Sex-based discrimination
Electronic Data Involved: Various electronic records
Keywords: FERPA, Western Kentucky University, Title IX
Key Insight: Scope of discovery, speculation about communications is not sufficient to compel discovery.
Nature of Case: Class action product-defect: design flaw
Electronic Data Involved: Reports and communications re reports
Keywords: Privity, Speculation, Overbroad
Key Insight: whether plaintiff was required to turn over subpoenaed phone records (without content)
Nature of Case: Federal Employers Liability Act (FELA)
Electronic Data Involved: telephone records
Keywords: subpoena, privacy, phone records, overbroad
Key Insight: denied forensic imaging of ESI because too expensive and intrusive
Nature of Case: Trade Secret Misappropriation
Electronic Data Involved: Forensic imaging of ESI
Keywords: mentions Sedona principles
Key Insight: communication between agency and client relevant but too burdensome in relation to claims
Nature of Case: Fair Debt Collection Practices Act (FDCPA)
Electronic Data Involved: communication between collection agency and hospitals
Keywords: hospital collections
Key Insight: forensic inspection of computers not proportional to needs of case
Nature of Case: Trade Secret Misappropriation under the Defend Trade Secrets Act
Electronic Data Involved: computer
Keywords: forensic inspection
Key Insight: Motion for class certification requires discovery regarding number of recorded calls defendant made.
Nature of Case: Illegal recording of cellular phone conversations
Electronic Data Involved: Extrapolation of total number of recorded phone calls defendant made to CA residents during the relevant time period.
Keywords: unduly burdensome and disproportionate
Key Insight: whether discovery can be bifurcated for the purpose of a dispositive motion and third party discovery
Nature of Case: Violation of the Telephone Consumer protection Act of 1991.
Electronic Data Involved: bifurcated discovery, emails, third party telephone records
Keywords: bifurcated discovery, class discovery, stayed discovery,
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