Key Insight: Discovery is not disproportionate just because you say so. Insufficient privilege log.
Nature of Case: Class action involving alleged improper classification of independent contractor status.
Electronic Data Involved: Production of emails in response to Plaintiffs’ requests.
Keywords: Produce all documents responsive to Plaintiff’s search terms. Duplicative and not proportional.
Key Insight: If a party claims no responsive documents are found, they must provide a response that indicates the steps taken to determine that no responsive documents exist
Nature of Case: Prisoner self harm
Electronic Data Involved: E-mails
Keywords: Prisoner, self harm, pro se,
Key Insight: The special master considered relevancy to be as broad as the subject matter, which is broader than the scope of discovery contemplated by Rule 26… did not satisfy its burden to show that the information it requests from Highmark is relevant, the court is not required to analyze whether that request is proportional to this case
Nature of Case: Antitrust
Keywords: Reasonably Calculated
Key Insight: proportionality with regards to relevancy
Nature of Case: Products Liability
Electronic Data Involved: Communications between foreign entities that sell the product and foreign regulatory bodies regarding the products
Keywords: Proportionality, marginally relevant, relevancy
Key Insight: Responding party’s ability to choose search methods is not above rule of proportionality.
Nature of Case: Breach of Contract/Breach of Fiduciary Duty Action
Electronic Data Involved: Personal and business electronic devices
Keywords: “search criteria” “access[ability]” “uncovered evidence” “limit[ing] searches” “shielding” “Sedona”
Key Insight: Citation to Rule/caselaw that omits consideration of “proportionality” is reckless and sanctionable.
Nature of Case: Fair Debt Collection Practice Act (FDCPA) Action
Electronic Data Involved: Medical records
Keywords: “misstate[ment] [of] the law” “outdated caselaw” “recklessly misrepresented” “medical condition”
Key Insight: Plaintiff failure to produce relevant and discoverable information.
Nature of Case: Insurance coverage litigation.
Electronic Data Involved: Email produced by a third party.
Keywords: Motion to compel. Specificity. Failure to specify.
Key Insight: court allows keyword search of one database (agreed to by party) but denies search of three others deeming them disproportionate
Nature of Case: patent infringement
Electronic Data Involved: database
Keywords: keyword search, disproportionate,
Key Insight: Proportionality, Fraud
Nature of Case: Non-compete enforcement
Electronic Data Involved: scope of discovery
Keywords: Sedona principles
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)
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