Key Insight: Interrogatories asking for evidence proving or disproving engagement in interstate commerce are improper due to requesting conclusions of law.
Nature of Case: fair labor standards act violations
Keywords: interstate commerce
Key Insight: Sanctions imposed after defendant’s failure to preserve relevant ESI after receiving a preservation letter from plaintiff.
Nature of Case: Wrongful death.
Electronic Data Involved: ESI work orders and related paper records.
Keywords: Defendant acted with gross negligence, but without intent to deprive the plaintiff of the information’s use in the litigation.
Key Insight: Specific metrics needed to object to the burden of a key-word search. Defendant objected to document requests on relevancy grounds.
Nature of Case: Contract breach.
Electronic Data Involved: Key-word search of ESI.
Keywords: Cooperation and the negotiation of keywords. Transparency in all aspects of preservation and production of ESI.
Key Insight: Oracle’s lawyers did not read the ESI produced to them, and instead accused Google of withholding critical evidence (that had been produced).
Nature of Case: Copyright infringement.
Electronic Data Involved: ESI produced by Google.
Keywords: This case shows the critical importance of electronic document review. Discovery-concealment misconduct.
Key Insight: Discovery sanctions motion.
Nature of Case: Workplace discrimination.
Electronic Data Involved: Employment records including personnel files of supervisors and documents regarding performance of other employees.
Keywords: Failure to preserve, search terms, motion to compel.
Key Insight: Defendant alleges Plaintiff failed to produce documents and requests sanctions, including dismissal.
Nature of Case: Employment discrimination
Electronic Data Involved: ESI and scanned PDF documents and other documents.
Keywords: Proportionality, motion to compel (not filed)
Key Insight: No sanctions when electronically stored information is lost during ordinary course of business.
Nature of Case: Sanctions
Electronic Data Involved: electronically stored information
Keywords: Safe harbor, Rule 37(e), good faith, normal course of business, spoiliation
Key Insight: Plaintiff unsuccessfully seeks injunction to prevent destruction of certain evidence. Defendants argued that sanctions would be inappropriate and no spoliation had occurred.
Nature of Case: Inmate pro se plaintiff asserts a host of constitutional violations against the U.S. and individual prison personnel.
Electronic Data Involved: Deleted video footage.
Keywords: Failure to preserve, destruction of evidence, spoliation, adverse inference.
Key Insight: Magistrate recommended sanctions for defendants’ willful failure to comply with his discovery order. No finding of bad faith.
Nature of Case: Breach of contract.
Electronic Data Involved: Defendant emails and text messages.
Keywords: “Strong circumstantial evidence” that the defendants had concealed documents. Adverse inference instructions and legal costs imposed by court.
Key Insight: confidential settlement information in documents requested
Nature of Case: Negligence and breach of contract
Electronic Data Involved: communications between Amex Nooter and IOSHA
Keywords: Confidential Settlement information, motion to compel, impeachment
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