Tag:Other Federal Rule(s) of Civil Procedure and/or Evidence

1
Coward v. Forestar Realty, Inc., 4:15-cv-0245-HLM (N.D. Georgia, Rome Division, 2017)
2
Holick v. Burkhart ( No. 16-1188-JTM (D. Kan. Nov. 30, 2017), 2017)
3
Gottesman v. Santana, No. 16-cv-2902 JLS (JLB) (S.D. Cal. Nov. 29, 2017)
4
Winfield v. City of New York, No. 1:15-cv-05236-LTS-KHP (S.D.N.Y. Nov. 27, 2017)
5
Washington v. Rounds, No. PWG-16-320 (D. Md. Nov. 27, 2017)
6
U.S. EEOC v. GMRI (S.D. Fla., 2017)
7
Moultrie v. Progressive Direct Ins. Co. (South Carolina District, Charleston Division, 2017)
8
Donlin v. Petco Animal Supplies Stores, Inc., No. CIV 17-0395 JCH/JHR (D.N.M. Oct. 10, 2017)
9
Pertile et al. v. General Motors LLC, No. 1:15-cv-00518-WJM-NYW (D. Colo. Aug. 31, 2017)
10
RCarter v. H2R Restaurant Holdings (N.D. Tex., 2017)

Coward v. Forestar Realty, Inc., 4:15-cv-0245-HLM (N.D. Georgia, Rome Division, 2017)

Key Insight: Plaintiffs unable to access password protected video camera offered hard drive to Defendants; Court held inaccessible videos were spoliated.

Nature of Case: property damage claim

Electronic Data Involved: videos

Keywords: spoliation, prejudice, sanctions, adverse inference, attorney’s fees

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Holick v. Burkhart ( No. 16-1188-JTM (D. Kan. Nov. 30, 2017), 2017)

Key Insight: Plaintiff did not specify whether any documents were being withheld in the course of making objections to discovery motions

Nature of Case: libel, assault, slander

Electronic Data Involved: documents and communications posted or stored on social media, e-mails

Keywords: “facially overbroad”, “anti-abortion”, “nearly two-decade time frame”, “provide any responsive information for the past seven (7) years”

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Gottesman v. Santana, No. 16-cv-2902 JLS (JLB) (S.D. Cal. Nov. 29, 2017)

Key Insight: statute of limitations, proportionality

Nature of Case: copyright infringement

Electronic Data Involved: financial information

Keywords: meeting of the minds, statute of limitations, undue burden, amount in controversy

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Winfield v. City of New York, No. 1:15-cv-05236-LTS-KHP (S.D.N.Y. Nov. 27, 2017)

Key Insight: Methodologies behind TAR are privileged (especially the seed set), the court may also perform in camera review to determine the competency of TAR if necessary, poor TAR practices may allow opposing counsel to set parameters

Nature of Case: Fair Housing Act

Electronic Data Involved: Electronic documents

Keywords: TAR, FHA, discrimination, predictive coding, in camera review

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Washington v. Rounds, No. PWG-16-320 (D. Md. Nov. 27, 2017)

Key Insight: Spoliation. Court ordered discovery to determine if failure to preserve relevant evidence, and if so, whether 37(e) sanctions are warranted.

Nature of Case: civil action under 42 U.S.C. s. 1983

Electronic Data Involved: prisoner surveillance video

Keywords: Spoliation, failure to preserve relevant evidence.

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U.S. EEOC v. GMRI (S.D. Fla., 2017)

Key Insight: whether missing evidence is crucial to movant’s case, whether non-movant had intent to deprive

Nature of Case: employment discrimination

Electronic Data Involved: hard copy, email

Keywords: duty to preserve, litigation hold, permissible inference, bad faith

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Moultrie v. Progressive Direct Ins. Co. (South Carolina District, Charleston Division, 2017)

Key Insight: Party cannot use screenshots not disclosed in discovery to in support of summary judgment motion alleging electronic signature

Nature of Case: insurance coverage litigation

Electronic Data Involved: archived screenshots

Keywords: electronic signature, affirmative signature, meaningful offer, prepopulated

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Donlin v. Petco Animal Supplies Stores, Inc., No. CIV 17-0395 JCH/JHR (D.N.M. Oct. 10, 2017)

Key Insight: Employer must produce company-wide documents without geographic limitations when all employees are subject to same leave of absence policies.

Nature of Case: workplace discrimination

Electronic Data Involved: General request for production and interrogatories

Keywords: employing unit, geographic scope, work unit, FMLA, scope of discovery, relevancy

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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,

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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

View Case Opinion

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