Key Insight: Mandamus relief granted; “run” from database to be narrowed to retrieve only falling-merchandise incidents within geographic and temporal limits set forth by trial court
Nature of Case: Negligence, premises liability
Electronic Data Involved: Run from computer database
Key Insight: Order memorialized parties’ agreement regarding motion to compel: defendants agreed to produce all emails that exist in printed form, but would not conduct search of electronic database to retrieve emails since it would be cost prohibitive; defendant understood it would be precluded from offering evidence at trial that was not properly disclosed in discovery
Nature of Case: Employment discrimination
Electronic Data Involved: Email
Key Insight: No abuse of discretion to deny motion to compel access to GM’s databases and grant protective order to GM where plaintiffs’ proposed computer database searches were overly broad in scope, duplicative of prior requests and unduly burdensome
Nature of Case: Personal injury
Electronic Data Involved: Database
Key Insight: Finding that work product protection did not apply to contested emails, court ordered their production
Nature of Case: Disabled individual alleged violations of ADA
Electronic Data Involved: Email between plaintiff and third party
Key Insight: Defendant’s skepticism that plaintiff had not produced copies of all responsive documents did not entitle defendant to conduct physical inspection of plaintiff’s hard drives
Nature of Case: Breach of contract and quantum meruit claim
Electronic Data Involved: Computer and disc drives
Key Insight: Motion to compel production of computer printouts denied as to those constituting work product, granted as to those that were not prepared in anticipation of litigation
Nature of Case: Inmates sued for intentional discrimination in assignment of housing, programs, and administration of discipline
Electronic Data Involved: Computer printouts showing analysis of work locations and ethnicity of inmates
Key Insight: Court created its own eight-factor test by adding one more factor to the Zubulake seven-factor test, and determined that cost-shifting was appropriate (responding party 25% and requesting party 75%)
Nature of Case: Sexual harassment
Electronic Data Involved: Email stored on backup tapes
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