Tag:Motion to Compel

1
City of Seattle v. ZyLAB North America, LLC (Western District of Washington, Seattle, 2017)
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Pugh v. Junqing (E.D. Mo., 2017)
3
Rembrandt Diagnostics, LP v. Innovacon, Inc., No. 3:16-cv-00698-CAB-NLS (S.D. Cal. Feb. 21, 2018)
4
The William Powell Co. v. National Indemnity Co. (S.D. Ohio, 2017)
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In re Cook Medical, Inc., IVC Filters Marketing, Sales Practices and Products Liability Litigation (S.D. Ind., 2017)
6
Oxbow Carbon & Minerals LLC v. Union Pac. R.R., No. 1:11-cv-01049-PLF-GMH (D.D.C. Sept. 11, 2017)
7
Amgen Inc. v. Hospira Inc (Court of Appeals, 2017)
8
Mann, et al. v. City of Chicago, et al., No. 1:13-cv-04531 (N.D. Ill. Sept. 8, 2017)
9
Bouchard v. U.S. Tennis Association (E.D.N.Y., 2017)
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Pertile et al. v. General Motors LLC, No. 1:15-cv-00518-WJM-NYW (D. Colo. Aug. 31, 2017)

City of Seattle v. ZyLAB North America, LLC (Western District of Washington, Seattle, 2017)

Key Insight: Method of production requiring out-of state travel not contract breach and retention of counsel not enough to show material is privileged

Nature of Case: breach of contract, consumer protection act litigation

Electronic Data Involved: audit documents

Keywords: proportionality, foreign parent, method of production, privilege determination

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Pugh v. Junqing (E.D. Mo., 2017)

Key Insight: The social media discovery request was considered overbroad, and was limited to posts relevant to the case

Nature of Case: Car accident

Electronic Data Involved: Social media posts

Keywords: Social media, proportionality

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Rembrandt Diagnostics, LP v. Innovacon, Inc., No. 3:16-cv-00698-CAB-NLS (S.D. Cal. Feb. 21, 2018)

Key Insight: demand for irrelevant and disproportionate evidence

Nature of Case: breach of patent agreement

Electronic Data Involved: 300 GB emails

Keywords: irrelevant, patent infringement, reasonable limits on discovery

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The William Powell Co. v. National Indemnity Co. (S.D. Ohio, 2017)

Key Insight: To what extent does disclosure of privileged documents to third parties waive privilege?

Nature of Case: Litigation for bad faith (Ohio law)

Electronic Data Involved: e-mails, deskfiles, and relevant shared e-documents

Keywords: Accidental waiver, third party disclosure, protected relationships

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Oxbow Carbon & Minerals LLC v. Union Pac. R.R., No. 1:11-cv-01049-PLF-GMH (D.D.C. Sept. 11, 2017)

Key Insight: ability to afford production, parties access to the relevant documents, impact on third parties

Nature of Case: Antitrust

Electronic Data Involved: 467,614 documents from electronic and physical files, 130 GB additional documents

Keywords: scope of discovery, antitrust, Sherman, cost/benefit

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Amgen Inc. v. Hospira Inc (Court of Appeals, 2017)

Key Insight: establishing a clear and indisputable right to a requested discovery

Nature of Case: patent infringement

Electronic Data Involved: Patent information

Keywords: cell culture, absent broad discovery, manufacturing data

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Mann, et al. v. City of Chicago, et al., No. 1:13-cv-04531 (N.D. Ill. Sept. 8, 2017)

Key Insight: Failing to prove even an estimate of the burden costs of discovery will not protect against discovery

Nature of Case: Civil rights (police misconduct)

Electronic Data Involved: Emails

Keywords: Homan square, Chicago Police Department, off the grid,

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Bouchard v. U.S. Tennis Association (E.D.N.Y., 2017)

Key Insight: Whether sanctions appropriate following defendants’ destruction of recordings, litigation hold

Nature of Case: personal injury

Electronic Data Involved: Video recordings

Keywords: spoliation, intent to deprive, adverse inference, prejudice

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Pertile et al. v. General Motors LLC, No. 1:15-cv-00518-WJM-NYW (D. Colo. Aug. 31, 2017)

Key Insight: When ESI is relevant, they must be provided in a format that is readable by opposing counsel

Nature of Case: Personal injury (product liability, car accident)

Electronic Data Involved: Computer modeling files

Keywords: GM, Chevrolet Silverado, rollover,

View Case Opinion

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