Williams v. CoreCivic, Inc. (D. Kan., 2018)
Key Insight: Can a party “reserve” objections to discovery for trial, or answer recovery “on a rolling basis”?
Nature of Case: Discrimination
Keywords:
In re Methodist Primary Care Grp, 553 S.W.3d 709 (Tex. 14th Dist. Ct. App. June 21, 2018)
Key Insight: 3rd party access to another entity’s electronic database. On appeal, discovery order vacated on four factors: inadequate data request, no evidence that search would find responsive data, order requested data outside plaintiff’s original request, order improperly granted access to data outside litigation’s scope.
Nature of Case: Trade secret theft and interference with patient relationships
Electronic Data Involved: electronic practice management systems in the cloud
Keywords: 3rd party, expert, search, electronic database, cloud, undue intrusion, beyond the scope.
In re Schlich, 893 F.3d 40 (1st Cir. 2018).
Key Insight: Petitioner met statutory requirements under Section 1782, but not the discretionary factors. Circuit court affirmed denial of discovery request.
Nature of Case: European Patent Case
Electronic Data Involved: Documents in US for use in European Case
Keywords: Foreign Proceeding
Trainer v. Continental Carbonic Products, Inc., No. 16-cv-4335 (D. Minn. June 15, 2018)
Key Insight: proportionality, spoliation sanctions
Nature of Case: wrongful termination
Electronic Data Involved: text messages, e-mails
Keywords: spoliation, forensic imaging, relevance, duty to preserve, intent to deprive, prejudice, attorney’s fees
Bell v. Pension Committee of Ath Holding Co., LLC, No. 1-15-cv-02062-TWP-MPB (S.D. Ind. June 14, 2018)
Key Insight: discoverability of Facebook messages
Nature of Case: Breach of fiduciary duty, ERISA
Electronic Data Involved: Facebook private messages, Facebook post
Keywords: 37(a), Facebook, private messaging, relevance, work product doctrine, common interest privilege
Curtis v. Progressive N. Ins. Co., No. CIV-17-1076-C (W.D. Okla. June 13, 2018)
Key Insight: Whether a subpoena for document production is subject to the 100-mile limitation of FRCP 45
Nature of Case: breach of contract, bad faith, unjust enrichment, fraud
Electronic Data Involved: electronic records
Keywords: FRCP 45, 45(c)(2)(A), 100 mile limit, subpoena duces tecum, nonparty production
Space Data Corp. v. Google LLC, and others – 16-cv-03260 (Northern District of CA , 2018)
Key Insight: whether specific discovery could be compelled to complete a deposition with no real argument of relevancy
Nature of Case: trade secret infringement
Electronic Data Involved: board minutes discussing third-party litigation funding
Keywords: Third-party litigation funding, board minutes, deposition
In re EpiPen (Epinephrine Injection, USP) Marketing, Sales Practices and Antitrust Litigation, MDL No. 2785 (D. Kan. May 31, 2018)
Key Insight: third-party, relevancy, “objections lack support and do not adequately provide a basis for the Court to grant them”
Nature of Case: Antitrust, consumer protection, racketeering
Keywords: overbroad, unduly burdensome, boilerplate, quash
Mitchell v. Capitol Records, LLC, No. 3:15-CV-00174-JHM (W.D. Ky. Apr. 30, 2018).
Key Insight: Boilerplate objections did not allow court to determine and defendants ordered to produce all documents withheld on basis of boilerplate objections.
Nature of Case: Copyright infringement
Electronic Data Involved: Financial Records, Responses to Questions
Keywords: boilerplate objections
In re Morning Song Bird Food Litigation (S.D. Ind., 2018)
Key Insight: Non-party status is significant factor in proportionality analysis, must demonstrate ‘significant expense’ before receiving protection
Nature of Case: Racketeering, Consumer Protection
Electronic Data Involved: Deposition
Keywords: Deposition, transfer, removal, proportionality