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Electronic Discovery Law Blog Legal issues, news, and best practices relating to the discovery of electronically stored information.

Monthly Archives: July 2005

Denial of Expert Examination of Metadata Does Not Warrant New Trial


Wild v. Alster, et al., 377 F.Supp.2d 186 (D.D.C. 2005) Susan Wild (“Wild”) sued Dr. Tina Alster (“Alster”) for malpractice in connection with laser surgery performed by Alster on Wild’s face. Alster prevailed at trial, and Wild sought a new trial alleging error in jury instructions and prejudice from discovery and evidentiary rulings. One basis… Continue Reading

Defendants Held in Contempt of Order Compelling Discovery; Court Orders $25,000 Payment and Considers Incarceration of CEO and President


Cooney, et al. v. Beverly Enter., Inc., et al., No. CV 2003-1049-3 (Saline County Cir. Ct., Ark. June 15, 2005) (order imposing sanctions upon Beverly Defendants) The Arkansas Daily Blog reported on June 25, 2005 that Beverly Enterprises, a nursing home chain, has recently been subject to unfavorable rulings in connection with class action litigation…. Continue Reading

Court Did Not Abuse Discretion by Denying Motion to Strike for Failure to Produce Email


Zhuang v. Datacard Corp., 414 F.3d 849 (8th Cir. 2005) Xuelin Zhuang (“Zhuang”) sued Datacard Corporation (“Datacard”) in connection with employment discrimination. Datacard prevailed by summary judgment, and Zhuang appealed. The Eighth Circuit affirmed with respect to claims of discrimination and retaliation, and also found that there was no abuse of discretion in denying Zhuang’s… Continue Reading

Sanctions Against Defendant Not Authorized Where Production of Data Disk Not Ordered by Court


Nieshe v. Concrete School Dist., 2005 WL 1580043 (Wash.App. July 5, 2005) (unpublished) Jennifer Nieshe (“Neishe”) sued the Concrete School District (“District”) under 42 U.S.C. ��1983 for denying her due process by excluding her from a high school graduation ceremony based on a failing grade which was later changed to a passing grade. The superior… Continue Reading

Use of Employer-Issued Laptop Computer by Criminal Defendant for Attorney-Client Communications Does Not Waive Privilege


People v. Jiang, 33 Cal.Rptr.3d 184 (Cal. Ct. App. 2005) Weibin Jiang (“Jiang”), a native of China with limited English language skills, was convicted and sentenced to state prison for 19 years and 4 months in connection with sexual offenses against A., an acquaintance. The trial court improperly denied Jiang’s motion to suppress his statement… Continue Reading

Magistrate Resolution to Limit Electronic Discovery Costs


J.C. Associates v. Fidelity & Guaranty Ins. Co., 2005 WL 1570140 (D.D.C. July 1, 2005) Plaintiff alleged that defendant breached the terms of an insurance policy by refusing coverage in connection with plaintiff’s use of a pesticide on a property managed by plaintiff. Defendant responded that the “absolute pollution exclusion” applies such that it need… Continue Reading

Instant Messages: instant panic

Posted in NEWS & UPDATES

The Monday, June 27, 2005 issue of The National Law Journal reports instant messaging (IM) carries its own set of legal implications for in-house law departments. Although many people think of IM as a fleeting conversation, similar to a telephone call, it’s legally considered a document, and is subject to the same retention policies that… Continue Reading