Other Federal Rule(s) of Civil Procedure and/or Evidence – Page 7

Lawrence v. City of New York, et al., No. 1:15-cv-08947-WHP-OTW (S.D.N.Y. July 27, 2018)

Jul 27 2018

Key Insight: Attorney’s failure to check metadata for fraud was not sanctionable because it was reasonable to believe the client was telling the truth based on other facts

Nature of Case: Civil rights (police entry)

Electronic Data Involved: Digital photographs (with metadata)

Keywords: metadata, withdrawal, mental illness

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People for the Ethical Treatment of Animals v. Tri-State Zoological Park of W. Md (Maryland District, 2018)

Jul 24 2018

Key Insight: Parties cannot use the parts of allegedly work product matter helpful to their case and withhold the rest

Nature of Case: Endangered species act enforcement

Electronic Data Involved: audio, video, photos

Keywords: attorney work product, fact work product,

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U.S. et al v. Supervalu, Inc. et al, No. 3:11-cv-03290-RM-TSH (C.D. Ill. July 12, 2018)

Jul 12 2018

Key Insight: Poor compliance of discovery, including destruction of a computer, does not imply bad faith for sanctions

Nature of Case: False Claims Act

Electronic Data Involved: Electronic notes of conversations

Keywords: Spoliation, defraud, healthcare, pharmacy, prescription

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Clientron Corp. v. Devon IT, Inc., 894 F.3d 568 (3d Cir. 2018)

Jul 05 2018

Key Insight: discovery misconduct sanctions

Nature of Case: breach of contract

Electronic Data Involved: electronic documents

Keywords: 37(b), pierce the corporate veil, alter ego liability, abuse of discretion

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New Falls Corp. v. Soni, No. 16-cv-6805 (ADS) (AKT) (E.D.N.Y. July 5, 2018)

Jul 05 2018

Key Insight: production of ESI that party lacks possession of

Nature of Case: breach of contract

Electronic Data Involved: flash drive

Keywords: possession, relevance, custody, control, cost shifting, 34(a), non-party

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Polaris Indus. v. Arctic Cat (Minnesota District, 2018)

Jul 03 2018

Key Insight: After later learning the theory recovering lost profits is based on, parties must rely on documents produced during discovery

Nature of Case: patent infringement

Electronic Data Involved: Documents

Keywords: recovering lost profits, inexorable-flow theory damages, scope of discovery

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Rood v. Liberty Ins. Underwriters, Inc. (District of Nevada, 2018)

Jul 02 2018

Key Insight: One party failing to perform their duties in discovery does not absolve the other party’s failures

Nature of Case: Breach of contract

Electronic Data Involved: Electronic documents generally

Keywords: “I know you are, but what am I?” , playground tantrum, unclean hands

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Hinostroza v. Denny’s Inc., No. 2:17-cv-02561-RFB-NJK (D. Nev. June 29, 2018)

Jun 29 2018

Key Insight: Defendant’s motion (granted) to compel discovery from various plaintiff sources of ESI, including social media accounts.

Nature of Case: slip and fall injuries

Electronic Data Involved: emails, text messages, FitBit, social media

Keywords: slip and fall, social media, reflective of an individual’s contemporaneous emotions and mental state.

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Carpenter v. United States (U.S. , 2018)

Jun 22 2018

Key Insight: government acquisition of cell site location information (CSLI); Fourth Amendment

Nature of Case: Criminal

Electronic Data Involved: cell site location information (CSLI)

Keywords: cell site location information (CSLI); Fourth Amendment, search, third-party doctrine, location data, seizure, voluntarily shared, warrant, cell phone, expectation of privacy

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