RCarter v. H2R Restaurant Holdings (N.D. Tex., 2017)
Key Insight: failure to meet and confer, failure to adequately respond to interrogatories
Keywords: unspecified sanction, automatic sanctions, proportionality
Ronnie Van Zant v. Artimus Pyle (S.D.N.Y., 2017)
Key Insight: failure to have a third party preserve relevant data
Nature of Case: request for a permanent injunction to block film distribution
Electronic Data Involved: text messages
Keywords: third party, spoliation, control, adverse inference, sanctions, practical ability, intent to deprive, subpoena
Harper v. City of Dallas (N.D. Tex., 2017)
Key Insight: Court refused to grant relief under 37(e) because moving party failed to show that ESI was lost because of a failure to take reasonable steps/
Nature of Case: wrongful death, unlawful arrest
Electronic Data Involved: email, telephone recordings
Keywords: Reasonable steps, sanctions, deleted ESI
Ehrenberg v. State Farm Mut. Auto. Ins. Co., No. 16-17269 (E.D. La. Aug. 18, 2017).
Key Insight: Data link
Nature of Case: Insurance claim, Personal injury action
Electronic Data Involved: Documents, social media records including Facebook/ Twitter?Instagram ” data link”. photos
Keywords: Personal injury, Insurance claim, “data link”.
Wine & Canvas Development, LLC v. Muylle (7th Circuit, 2017)
Key Insight: Repeated discovery obligation failures merited district court sanctions
Nature of Case: trademark infringement
Electronic Data Involved: Written discovery responses
Keywords: Missed discovery deadlines
Congoo, LLC v. Revcontent LLC, et al., No. 16-401 (MAS) (D.N.J. Aug. 10, 2017). )
Key Insight: Source code
Nature of Case: False and Misleading representation in Advertising, Unfair competition at Common Law, Violation Of the New Jersey Consumer Fraud Act
Electronic Data Involved: Motion to Compel the Production of Source code
Keywords: Production of Cource Code
Young v. Act Fast Delivery of West Virginia, Inc. (S.D.W. Va. , 2017)
Key Insight: Failure to fully respond to discovery requests, inability to ensure the production was responsive to discovery requests
Nature of Case: wage-and-hour
Electronic Data Involved: electronic records
Keywords: false representation, attorneys’ fees, egregious
Hallmark Insurance Company v. Maxum Casualty Insurance Company, 6:16-cv-2063-Orl-37GJK (Florida, Middle District, 2017)
Key Insight: work product protection does not apply to investigation or handling of underlying claim in a bad faith case.
Nature of Case: bad faith insurance claim
Electronic Data Involved: Insurance claim file including work product and possibly privileged documents
Keywords: work product, underlying claim, investigation, bad faith, privilege log
Parris v. Pappas (D. Conn., 2017)
Key Insight: Documents in plaintiff’s girlfriend’s possession could not be compelled, because the girlfriend refused to produce them.
Nature of Case: Civil Rights action
Electronic Data Involved: documents held by third party
Keywords: practical ability test, proportionality, third party subpoena
Irth Sols. LLC v. Windstream Communications LLC (S. D. Ohio, 2017)
Key Insight: Whether FRE 502 applies, whether production was inadvertent, interplay between FRE 502 and clawback agreement, whether production was completely reckless, specificity requirements of clawback agreement
Nature of Case: breach of contract
Electronic Data Involved: e-mail
Keywords: reckless, clawback agreement, waiver, privilege, inadvertent production, court order, log