Key Insight: Discovery requests must be proportional; limited to scope/time frame
Nature of Case: Wrongful termination, defamation
Electronic Data Involved: E-mails, text messages
Keywords: Retaliation, discrimination, Louisiana Office of Alcohol and Tobacco Control
Key Insight: petitioner’s motion for contempt, subpoena enforcement
Nature of Case: subpoena duces tecum issued by US Dept. of Labor to Respondent, a roofing company. Workplace safety violations and follow-up inspections..
Electronic Data Involved: text and email messages
Keywords: subpoena duces tecum, failure to take reasonable steps to comply with the order
Key Insight: Texas Supreme Court 7 part test for proportionality- benefit, case needs, amount in controversy, parties’ resources, issues at stake, importance of proposed discovery and other articulable factors. Brought Texas in line with FRCP.
Nature of Case: Homeowner Insurance Claim Litigation
Electronic Data Involved: Insurer Records
Keywords: Format of Production; Proportionality Factors
Key Insight: Specific objections are required for proportionality claims
Nature of Case: Breach of contract
Electronic Data Involved: Electronic data
Keywords: boilerplate, control, former owner and top officers
Key Insight: Contract was not ambiguous so extrinsic evidence not admissable. Therefore discovery of file was not proportional or calculated to lead to admissable evidence.
Nature of Case: declaratory judgment and bad faith
Electronic Data Involved: underwriters claim file
Keywords: admissability; proportionality; extrinsic evidence
Key Insight: Limiting the scope of discovery requests for full social media account history
Nature of Case: personal injury
Electronic Data Involved: Facebook account history
Keywords: social media, Facebook, proportionality, burdensome discovery
Key Insight: Disclosing legal advice to third parties that need to know via email maintains attorney client privilege
Nature of Case: class action
Electronic Data Involved: archived email
Keywords: timeliness, third parties need to know, attorney client privilege
Identified State Rule(s): Ca. Evidence Code 952
Key Insight: Can discovery be given an expedited time table in order to precede a preliminary injunction hearing? Is it proportional?
Nature of Case: Legislation on violations of the Securities and Exchange Act of 1934
Electronic Data Involved: Depositions and documents (defined very broadly)
Keywords: Preliminary injunction, expedited discovery, proportionality, unduly burdensome
Key Insight: Discovery of these things was blocked, since they were ruled to be only marginally relevant compared to the time and expense it would take to produce them.
Nature of Case: Employment Discrimination
Electronic Data Involved: emails and text messages
Keywords: relevance, marginal relevance, time and expense
Key Insight: Conduct discovery in good faith; Maintain a civil tone in communications; Purge of emails
Nature of Case: Employment Discrimination
Electronic Data Involved: ESI; email; SMS; Text messages
Keywords: Good Faith; Proportionality; Meet and confer; Rule 16 – Scope of discovery; Purge of emails; Complete breakdown of discovery
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