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

Monthly Archives: November 2005

Magistrate Judge Orders Parties to Develop a Reasonable Electronic Discovery Plan Addressing Pre-and Post-Production Privilege Review


Hopson v. Mayor of Baltimore, 232 F.R.D. 228 (D. Md. 2005) In this putative class action alleging race discrimination, plaintiffs served voluminous discovery requests that clearly identified their interest in discovering electronically stored information. When defendants raised boilerplate and conclusory objections, plaintiffs responded with multiple written communications and ultimately filed a motion to compel. Although… Continue Reading

Citing “Unique Burden” of Restoring Email from Backup Tapes and “Special Weight” to be Accorded Non-Party’s Status, Court Grants Motion to Quash Subpoena


United States v. Amerigroup Ill., Inc., 2005 WL 3111972 (N.D. Ill. Oct. 21, 2005) In this qui tam suit filed under the False Claims Act and the Illinois Whistelblower Act, plaintiff alleged that defendants submitted false or fraudulent claims for payment by omitting certain information from quarterly statements submitted to the Illinois Department of Healthcare… Continue Reading

Complete Disclosure

Posted in NEWS & UPDATES

Eversheds litigators Jonathon Crook and Jonathan Tardiff, together with consultant Andrew Szczech, share their thoughts on the potential business implications of electronic discovery following the recent changes to the UK Civil Procedure Rules in the November 23 issue of Legal Week. The article is also linked to from Discovery Resources.

Court Requires Balancing of Need for Evidence with Burden of Discovery Order


Biomet, Inc. v. Fleury, 912 So.2d 706 (Fla. Dist. Ct. App. 2005) Norman and Karen Fleury filed a products liability and personal injury lawsuit alleging that Mr. Fleury’s Biomet knee prosthesis failed prematurely. The trial court granted a broad discovery order requiring Biomet, Inc. to produce documents related to complaints about its products that contain… Continue Reading

Court Finds that Lucent and Its Attorneys Tried to “Hide the Ball” and Engaged in Sanctionable Conduct


Tantivy Communications, Inc. v. Lucent Techs. Inc., 2005 WL 2860976 (E.D. Tex. Nov. 1, 2005) Tantivy Communications, Inc. (“Tantivy”) filed a Motion to Exclude in this patent infringement matter, alleging that Lucent Technologies, Inc. (“Lucent”) withheld documents and data, misrepresented the existence of documents and data, allowed the destruction of documents, and produced documents for… Continue Reading

Network Access Agreement Evidences Control of Third Party Documents; Defendant Fined $500,000 for Willful Disregard of Discovery Orders


Kamatani v. Benq Corp., 2005 WL 2455825 (E.D. Tex. Oct. 4, 2005) Yasuo Kamatani and LaserDynamics, Inc. sued Benq Corporation and Benq of America Corporation (collectively “Benq”) for patent infringement in connection with optical disk drive recognition technology. Several discovery disputes developed, and sanctions were issued against Benq on two occasions. A show cause hearing… Continue Reading

Court Expands Ediscovery where Defendant’s Sworn Statements that Documents Do Not Exist Appear Erroneous


Tilberg v. Next Mgmt. Co., 2005 WL 2759860 (S.D.N.Y. Oct. 24, 2005) According to an article in Fashiongates.com, Tasha Tilberg, a Canadian supermodel, sued Next Model Management Company (“Next”) claiming that it had underreported her earnings and “swiped” $150,000. Natalie Tilberg (a/k/a Tasha Tilberg) (“Tilberg”) and Next were to share the cost of having Tilberg’s… Continue Reading