Motion for Sanctions – Page 114 – Electronic Discovery Law

In re Atlantic Int’l Mortgage Co., 2006 WL 2848575 (Bankr. M.D. Fla. Aug. 2, 2006)

Dec 01 2006

Key Insight: Court rejected trustee’s request for entry of default judgment based upon based on law firm’s failure to retain and timely produce relevant documents and electronically-stored information, but found that monetary sanctions were appropriate; trustee awarded his reasonable attorneys’ fees and costs incurred in pursuing all discovery in the adversary proceeding

Nature of Case: Adversary proceeding in bankruptcy court

Electronic Data Involved: Backup tapes

Ryan v. Staten Island Univ. Hosp., 2006 WL 3497875 (E.D.N.Y. Dec. 5, 2006)

Dec 01 2006

Key Insight: Where defendant failed to timely disclose that it was withholding certain information from production and defense counsel made representations several times to plaintiff and to court that she had provided full and complete discovery, court: (1) granted motion to compel production of database in hard copy and in electronic form with specific redactions noted and included in revised privilege log; (2) extended discovery cut-off date; and (3) awarded sanctions solely against defense counsel (and not client) for costs of motion

Nature of Case: Fraud and medical malpractice

Electronic Data Involved: Database

Optowave Co., Ltd. v. Nikitin, 2006 WL 3231422 (M.D. Fla. Nov. 7, 2006)

Dec 01 2006

Key Insight: Where, despite repeated warnings not to destroy relevant evidence, defendant allowed another party to reformat hard drives of his employees’ computers without first preserving relevant files contained on computers to be reformatted, resulting in loss of crucial electronic evidence, court found that adverse inference instruction was appropriate sanction

Nature of Case: Breach of contract

Electronic Data Involved: Email and customer files

z4 Techs., Inc. v. Microsoft Corp., 2006 WL 2401099, *18 (E.D. Tex. Aug. 18, 2006)

Dec 01 2006

Key Insight: On defendants’ motion for a new trial, court concluded that jury was properly instructed that it could make an adverse inference against Microsoft with regard to relevant email that was not produced until the day before trial

Nature of Case: Patent infringement

Electronic Data Involved: Email

In re Napster, Inc. Copyright Litig., 462 F.Supp.2d 1060 (N.D. Cal. 2006)

Dec 01 2006

Key Insight: Adverse inference and monetary sanctions warranted, but not default judgment, where defendant acknowledged that its personnel routinely deleted emails without regard to whether the deleted emails were relevant to the litigation, but behavior did not constitute a pattern of deliberately deceptive litigation practices and there was evidence that the actual number of emails lost was small

Nature of Case: Copyright infringement

Electronic Data Involved: Email

Kimbrough v. City of Cocoa, 2006 WL 3500873 (M.D. Fla. Dec. 4, 2006)

Dec 01 2006

Key Insight: Court denied plaintiffs’ motion for spoliation sanctions based upon defendant’s failure to produce complete copy of particular monthly medical report where plaintiffs failed to show that duty to preserve attached to the report, or that report was crucial to their claims, and there was no evidence of bad faith, especially since defendant had gone to “extraordinary lengths” to attempt to retrieve a copy of the complete report

Nature of Case: Civil rights, excessive force

Electronic Data Involved: Monthly medical report

Barker Capital LLC v. Rebus LLC, 2006 WL 247114 (Del. Super. Ct. Jan. 12, 2006) (Unpublished)

Dec 01 2006

Key Insight: Court directed plaintiff’s counsel to submit an affidavit re attorneys’ fees and expenses incurred in connection with certain depositions and three motions to compel, where defendants produced certain corporate minutes and other documents after the close of discovery, and where defendants had failed to produce emails and other electronic documents from all available sources despite their general counsel’s earlier affidavit to the contrary

Electronic Data Involved: Emails and other electronic documents

Madden v. Wyeth, 2006 WL 568015 (N.D. Tex. Mar. 7, 2006)

Dec 01 2006

Key Insight: Court awarded plaintiff $47,970 in sanctions representing attorney’s fees and expenses reasonably incurred in bringing motion to compel discovery of Wyeth’s adverse event database and production of prior versions of certain reports and source documents; court had earlier granted plaintiff and her expert supervised access to defendant’s database

Nature of Case: Drug products liability

Electronic Data Involved: Database and source documents for certain reports

Recinos-Recinos v. Express Forestry, Inc., 2006 WL 2349459 (E.D. La. Aug. 11, 2006)

Dec 01 2006

Key Insight: Court imposed monetary sanctions of $36,391 where defendants “made no effort whatsoever to locate and provide either documentary or electronic data discovery,” and erroneously represented that relevant electronic evidence was irretrievable, thus giving plaintiffs no choice but to incur the extraordinary expense of hiring a computer consulting firm to retrieve what was purportedly ?irretrievable?

Nature of Case: Class action alleging claims under Fair Labor Standards Act and Migrant and Seasonal Agricultural Worker Protection Act

Electronic Data Involved: Payroll data

Reino de Espana v. Am. Bureau of Shipping, 2006 WL 3208579 (S.D.N.Y. Nov. 3, 2006)

Dec 01 2006

Key Insight: Where Spain failed to place a timely and adequate litigation hold in its agencies and ministries, court found that Spain violated its discovery obligations under the FRCP and observed that relevant email and electronic records probably no longer existed; court granted defendant’s motion to compel and invited defendant to to file an application requesting the relief, remedy, or sanction it deemed appropriate in light of the court?s findings

Nature of Case: Litigation brought by the government of Spain arising from shipping casualty and oil spill

Electronic Data Involved: Email and electronic records

Tag:Motion for Sanctions