Key Insight: Asserting well supported objection against a relevant request.
Nature of Case: personal injury
Electronic Data Involved: social media accounts, and postings
Keywords: social media records, mental state, postings
Key Insight: When the productions of underlying information (exact Excel formulas in this case) may disclose proprietary information, a supplemental disclosure explaining the underlying reasons may be a suitable replacement
Nature of Case: Automobile insurance coverage
Electronic Data Involved: Excel spreadsheet formulas
Keywords: Excel, formulas, moot, metadata, award of sanctions, expenses, fees
Key Insight: Plaintiff failure to produce relevant and discoverable information.
Nature of Case: Insurance coverage litigation.
Electronic Data Involved: Email produced by a third party.
Keywords: Motion to compel. Specificity. Failure to specify.
Key Insight: cant compel production of overseas medical records not in plaintiff’s possession
Nature of Case: medical malpractice, failure to warn
Electronic Data Involved: medical documents
Keywords: UAE patient cant get lien records from overseas entities
Key Insight: court allows keyword search of one database (agreed to by party) but denies search of three others deeming them disproportionate
Nature of Case: patent infringement
Electronic Data Involved: database
Keywords: keyword search, disproportionate,
Key Insight: whether stating that “ESI request is not relevant or proportional” is not sufficient.
Nature of Case: breach of contract
Electronic Data Involved: emails
Keywords: informal internal emails
Identified State Rule(s): D. Kan. 37(2)
Key Insight: not ordered to reproduce production of documents in native format (with metadata) but only categories specifically requested by plaintiff
Nature of Case: wrongful termination – contract
Electronic Data Involved: email
Keywords: native format
Key Insight: Non-responsive documents should not be produced, even if redacted, and privilege or some sort of reason must be asserted for redactions to be proper
Nature of Case: Fraud
Electronic Data Involved: Electronic documents generally
Keywords: redactions, bloomberg, non-responsive
Key Insight: Production of an plaintiff employee’s own entire email box of 13 years is overbroad and not proportional
Nature of Case: Employment discrimination, whistleblower protection
Electronic Data Involved: Electronic documents generally
Keywords: proportional, 13 years,
Key Insight: if the balance of the discovery requests outweighed their benefit
Nature of Case: Breach of contract, breach of covenant of good faith and fair dealing, fraud , negligent misrepresentation, declaratory relief and unfair competition.
Electronic Data Involved: responses of three interrogatories in light of changes to rule 26
Keywords: proportionality, motion to compel, balance of request, benefit of requested discovery
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