Frey v. Minter (M.D. Ga., 2019)
Key Insight: whether court should modify agreed upon discovery deadline to allow filing of MTC
Nature of Case: defamation
Electronic Data Involved: written communication
Keywords: pro se, deadline, compel,
Simmons v. Safeway, Inc., No. 3:18-cv-5522 RJB (W.D. Wash. June 5, 2019).
Key Insight: Handwritten notes by Plaintiff had been produced. Plaintiff used attorney typed version to refresh memory before deposition. Court ordered production of typed notes.
Nature of Case: Employment Discrimination
Electronic Data Involved: Typed version of handwritten notes
Keywords: recollection refresh; deposition; privilege; work product
Gates Corp. v. CRP Industries, No. 16-cv-01145 (D. Colo., 2019)
Key Insight: The crime-fraud exception invalidates attorney client privilege protections with regards to an internal investigation of an employee now known to have stolen proprietary documents and shared them with her supervisor.
Nature of Case: Theft of confidential business documents
Electronic Data Involved: database containing proprietary information
Keywords: proprietary information, theft, crime-fraud exception
Doe 1 et al v. City of Chicago (N.D. Ill., 2019)
Key Insight: sexual harassment complaints discoverable
Nature of Case: workplace discrimination
Electronic Data Involved: investigation documents
Keywords: fire department pattern of sexual harassment
Jacops v. Foreportal Inc. (District Court of Nebraska, 2019)
Key Insight: whether the burden or expense of the proposed discovery outweighs its likely benefit
Nature of Case: trademark infringement
Electronic Data Involved: emails
Keywords: cheapo, cheapoair
Washington-St. Tammany Electric Cooperative, Inc. et al v. Louisiana Generating, LLC (M.D. Louisiana, 2019)
Key Insight: emails included third parties and were not proven to be attorney client privilege and have been improperly withheld
Nature of Case: Breach of contract
Electronic Data Involved: emails improperly withheld as Attorney-client privilege.
Keywords: Attorney-client privilege, improperly withheld, emails copied to third parties.
Kizer et al v. Starr Indemnity and Liability Co et al (W.D. Okla., 2019)
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
Adacel, Inc. et al v. Adsync Technologies, Inc. (M.D. Fla., 2019)
Key Insight: general objections overruled and defendant ordered to produce records relating to profits, but does not have to disclose all documents relating to “methods of calculating” profits beyond what is necessary to understand
Nature of Case: Misappropriation of trade secrets
Electronic Data Involved: business records re profits
Keywords: general objection,
Kratz v. Scott Hotel Group, LLC (S.D. Ind., 2019)
Key Insight: whether original version of narrative detailing mistreatments sent to attorney was work product; whether work product privilege attached to subsequent revisions of the same
Nature of Case: Consumer Class Action
Electronic Data Involved: withheld original document
Keywords: work product, original, altered
Dahmer v. Western Kentucky Univ. (Western Kentucky, 2019)
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