Key Insight: Data link
Nature of Case: Insurance claim, Personal injury action
Electronic Data Involved: Documents, social media records including Facebook/ Twitter?Instagram ” data link”. photos
Keywords: Personal injury, Insurance claim, “data link”.
Key Insight: Keyword searching alone may not be sufficient and can be aided by strategies like predictive coding
Nature of Case: civil rights, fourth amendment
Electronic Data Involved: text messages, social media posts
Keywords: keyword searching, predictive coding
Key Insight: Sanctions for spoliation of evidence resulting from good faith destruction of cell phone
Nature of Case: labor violations
Electronic Data Involved: text messages
Keywords: spoliation, smartphone, intent to deprive
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: 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: Can the court order additional discovery if a party destroys evidence? Is a prejudice ruling required in a destruction of evidence case?
Nature of Case: Retaliation and discharge
Electronic Data Involved: text messages, emails, social media messages
Keywords: Prejudice, Destruction of evidence, Social media, Text messages
Key Insight: Discovery request for managers’ text messages was ruled overbroad and not likely to be useful due to store policy that managers only communicate via email or voicemail.
Nature of Case: Fair Labor Standards Act dispute
Electronic Data Involved: text messages, email, communication methods the managers could have possibly used
Keywords: Text messages, overbreadth, overbroad, relevance
Key Insight: Plaintiffs files motion to compel text messages in April 2016, Discovery had closed in November 2015. Defendant’s failure to realize that they couldn’t search specifically for text messages is not basis for granting motion to compel so late. Decision was later vacated.
Nature of Case: Contract Dispute
Electronic Data Involved: Text Messages
Keywords: Text messages; after discovery closed
Key Insight: Updated spoliation rule was correctly applied to motion regarding earlier conduct because the party cited the updated rule
Nature of Case: Negotiable instrument
Electronic Data Involved: deleted electronic records, emails, text messages
Keywords: retroactive application discovery rule, ESI spoliation sanctions
Identified Local Court Rule(s): S. District N Local Civil Rule 7.1(a)(1)
Key Insight: Sanctions denied against defendant because text messages were available from a different source, sanctions denied against plaintiff because documents were not under plaintiff’s control
Nature of Case: Fair Labor Standards Act (failure to pay overtime wages)
Electronic Data Involved: Text messages
Keywords: FLSA, Sefket, CBA,
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