Key Insight: Failure to produce; Sanctions; Proportionality
Nature of Case: Trademark & Copyright infringement
Electronic Data Involved: Hard copy; correspondence; email
Keywords: “Functional employee”; Consultant; Third-party communications; Privilege; Spoliation; Unfair prejudice; Attorney’s fees and costs; Proportionality; Access/Resources;
Key Insight: discovery requests overbroad
Nature of Case: telephone consumer protection act
Electronic Data Involved: general discovery
Keywords: scope of relevant discovery, class action
Key Insight: discovery that is not authorized by law cannot be “untaken”. order that compels discovery beyond that allowed by law is abuse of discretion
Nature of Case: personal injury, property liability
Electronic Data Involved: WTG net worth documentation
Keywords: net worth discovery, abuse of discretion, motion to compel
Key Insight: if a motion to deny a class certification can be granted before discovery
Nature of Case: telemarketing, telephone consumer protection act
Electronic Data Involved: discovery showing common questions for a class certification
Keywords: class certification, rule 23
Key Insight: Sanctions, Efforts to Thwart discovery, Fraudulent Concealment
Nature of Case: Estates and Trusts
Electronic Data Involved: Hard copy
Keywords: fraudulent concealment, Statute of Limitations, Sanctions, Violation of Court Orders, Failure to produce, Death Penalty sanction, Obstruction, Temporary injunction, Deception of the Court
Identified State Rule(s): Tex. R. Civ. P. 199.3; Tex.R. Civ. P. 176 .8 (a)
Key Insight: Request for text message production by Plaintiffs was considered too broad, but court allowed for modification to more narrowly tailored request.
Nature of Case: Fair Labor Standards Act
Electronic Data Involved: text messages
Keywords: Texts; proportionality
Key Insight: Absolute perfection is not a goal of the discovery process. The county’s claim of burden is unsubstantiated, there is no burden claimed but for ESI privilege review. The burden does not outweigh the proportionality here.
Nature of Case: Fair Housing Act violations
Electronic Data Involved: ESI information concerning mortgage, marketing, etc
Keywords: Proportionality, TAR, burden
Key Insight: can provision 1782(a) be extended to use in private arbitration
Nature of Case: supply-chain logistics
Electronic Data Involved: use of discovery in private arbitration
Keywords: private arbitration, tribunal, provision 1782(a)
Key Insight: Requests for Production; marketing materials; Unreasonably cumulative or duplicative
Nature of Case: Trademark Infringement
Electronic Data Involved: Hard copy; Historical records; on-site inspection; Marketing materials (documents, recordings, video, displays, etc.)
Keywords: Discovery violations; adequacy of discovery responses; Vague/overbroad/burdensome/ not calculated to lead to discovery of documents relevant to claims or defenses; proportionality; access; costs/Attorney’s fees; resources; “Senior user”; Cherrypicking; Evidentiary preclusion; Court order; Representative samples
Key Insight: click-wrap arbitration agreement with discovery limitations was enforceable.
Nature of Case: age and disability wrongful termination
Electronic Data Involved: various discovery requested by plaintiff
Keywords: click-wrap agreement, discovery limits in arbitration
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