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

1
Inderjeet Basra v. Ecklund Logistics (D.Neb, 2017)
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Hsueh v. New York State, No. 15 cv 3401 (S.D.N.Y. March 31, 2017)
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Baxter International, Inc. v. AXA Versicherung, 1:11-cv-09131 (N.D. Ill.) (Illionis Northern District, 2017)
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Walker v. Geico Indemnity Company, 6:15-cv-1002-Orl-41KRS (M.D. Fla, 2017)
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Organik Kimya v. ITC (Fed. Cir., 2017)
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Harleysville Insurance Co. v. Holding Funeral Home, No. 1:15cv00057 (W.D .Va. Feb. 9, 2017)
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Davine v. Golub Corp. (Massachusetts District, 2017)
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Vir2us, Inc. v. Invincea, Inc. (E.D. Va., 2017)
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ILWU-PMA Welfare Plan v. Connecticut General, 3:15-cv-02965-WHA (N.D. Cal., 2017)
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Solo v United Parcel Serv., Co., No. 14-12719, 2017 WL 85832 (E.D. Mich. Jan. 10, 2017)

Inderjeet Basra v. Ecklund Logistics (D.Neb, 2017)

Key Insight: no intentional destruction of evidence, mere negligence in not maintaining record of accidents in Qualcomm/PeopleNet

Nature of Case: negligence, loss of consortium, punitive damages

Electronic Data Involved: Qualcomm data, PeopleNet server data

Keywords: Spoliation

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Hsueh v. New York State, No. 15 cv 3401 (S.D.N.Y. March 31, 2017)

Key Insight: Court said 37(e) doesn’t apply when recording was intentionally deleted. Adverse inference granted for plaintiff’s deletion of an audio tape, despite its subsequent recovery and production from a hard drive backup.

Nature of Case: sexual harassment at work

Electronic Data Involved: audio tape, hard drive backup

Keywords: adverse inference, over-preservation concerns

Baxter International, Inc. v. AXA Versicherung, 1:11-cv-09131 (N.D. Ill.) (Illionis Northern District, 2017)

Key Insight: plaintiff is seeking notices of litigation sent to co-insurers by defendant and defendant claims work product and privilege.

Nature of Case: MDL against drug companies for damages for allegedly contaminated blood products.

Electronic Data Involved: post-litigation communications with co-insurers and re-insurers.

Keywords: work product, privilege, notice to insurers, scope of coverage

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Walker v. Geico Indemnity Company, 6:15-cv-1002-Orl-41KRS (M.D. Fla, 2017)

Key Insight: Whether a determination of an inadvertent production of documents was erroneous or that the attorney didn’t follow reasonable steps to prevent disclosure.

Nature of Case: Personal Injury, insurance bad faith

Electronic Data Involved: Inadvertently produced documents, produced work product/ACP

Keywords: work product, inadvertent disclosure, claw back, reasonable steps to avoid disclosure

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Organik Kimya v. ITC (Fed. Cir., 2017)

Key Insight: whether an order of default judgment amounts to abuse of discretion given finding of bad faith

Nature of Case: patent infringement / misappropriation of trade secrets

Electronic Data Involved: deleted electronic records

Keywords: spoliation, overwriting, internal clock, laptop, forensic investigation, intent, bad faith, prejudice, ability to control, litigation hold notice, default judgment, adverse inference, deterrence

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Harleysville Insurance Co. v. Holding Funeral Home, No. 1:15cv00057 (W.D .Va. Feb. 9, 2017)

Key Insight: Waiver of privilege for documents inadvertently posted to publicly accessible Box.com location

Nature of Case: insurance coverage litigation

Electronic Data Involved: Box.com uploads

Keywords: Box.com, privilege waiver, publicly accessible, account permissions, file sharing

Identified State Rule(s): Va. Sup. Ct. R. 4.1(b)(6)(ii)

Identified Federal Rule(s): FRE 502(b)

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Davine v. Golub Corp. (Massachusetts District, 2017)

Key Insight: Predictive coding models are legitimate, and document review can stop when the burden outweighs the benefits.

Nature of Case: wage and hour class action

Electronic Data Involved: archived email

Keywords: privilege log, predictive coding,

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Vir2us, Inc. v. Invincea, Inc. (E.D. Va., 2017)

Key Insight: inadequate search and production, misrepresentation, failure to supplement, follow-up, failure to disclose

Nature of Case: patent infringement

Electronic Data Involved: email, board meeting minutes, investor presentations

Keywords: monetary sanctions, needless burden, late disclosures, post-settlement order, misrepresentation, motion to show cause

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ILWU-PMA Welfare Plan v. Connecticut General, 3:15-cv-02965-WHA (N.D. Cal., 2017)

Key Insight: Service provider failed to preserve ESI

Nature of Case: ERISA action

Electronic Data Involved: ESI contained on servers

Keywords: failure to preserve, servers, service provider, inherent power authority

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Solo v United Parcel Serv., Co., No. 14-12719, 2017 WL 85832 (E.D. Mich. Jan. 10, 2017)

Key Insight: proportionality

Nature of Case: class action

Electronic Data Involved: backup tapes

Keywords: undue burden, statistical sampling, restoration, reasonably accessible, cooperation, interrogatory, relevance

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