J.C. Associates v. Fidelity & Guar. Ins. Co., 2006 WL 1445173 (D.D.C. May 25, 2006) In this insurance coverage dispute, plaintiff sought discovery of the 1.4 million active and inactive claim and litigation files in defendant’s possession. Although the defendant did not physically search the 1.4 million files, it conducted an electronic search of the… Continue Reading
O’Grady v. Superior Court, 2006 WL 1452685 (Cal. Ct. App. May 26, 2006) Apple Computer, Inc. (Apple) brought this action alleging that persons unknown caused the wrongful publication on the World Wide Web of Apple’s secret plans to release a device that would facilitate the creation of digital live sound recordings on Apple computers. In… Continue Reading
Phoenix Four, Inc. v. Strategic Res. Corp., 2006 WL 1409413 (S.D.N.Y. May 23, 2006) In this opinion, the court ruled on plaintiff’s motion for sanctions against certain defendants and their counsel Mound Cotton Wollan & Greengrass (“Mound Cotton”) for destruction and late production of evidence. Plaintiff requested: (1) an adverse inference instruction; (2) that defendants… Continue Reading
Clare v. Coleman (Parent) Holdings, Inc., 2006 WL 1409137 (Fla. Ct. App. May 24, 2006) The petitioner in this case, Thomas A. Clare, is a partner in the law firm of Kirkland & Ellis, LLP, who was admitted to appear pro hac vice on behalf of Morgan Stanley & Company in the suit brought by… Continue Reading
CP Solutions PTE, Ltd. v. General Elec. Co., 2006 WL 1272615 (D. Conn. Feb. 6, 2006) In this recently published case, plaintiff found fault with defendants’ production of 301,539 pages of documents in response to its 131 requests for production. Plaintiff moved to compel defendants (1) to supplement their production so as to identify every… Continue Reading
Ukiah Auto. Invs. v. Mitsubishi Motors of N. Am., Inc., 2006 WL 1348562 (N.D. Cal. May 17, 2006) In this brief order, the magistrate judge ruled on the parties’ discovery disputes, including Mitsubishi’s request for an order permitting it to inspect the computer used to record Ukiah’s business transactions. Although Ukiah claimed that it had… Continue Reading
Kaufman v. SunGard Inv. Sys., 2006 WL 1307882 (D.N.J. May 10, 2006) (Unpublished) This case is similar to Curto v. Med. World Communications, Inc., 2006 WL 1318387 (E.D.N.Y. May 15, 2006), but it reaches a different result.
Curto v. Med. World Communications, Inc., 2006 WL 1318387 (E.D.N.Y. May 15, 2006) In this opinion, the district court denied defendants’ objections to a magistrate’s discovery order which concluded that plaintiff had not waived any attorney-client privilege or work product protection as to documents originally created on (but subsequently deleted from) two employer-provided laptops.
Quotient, Inc. v. Toon, 2005 WL 4006493 (Md. Cir. Ct. Dec. 23, 2005) In this case, Quotient alleged that while still a Quotient employee, Mr. Toon intentionally and surreptitiously provided a former Quotient employee access to Quotient’s computer system so that the former employee could obtain Quotient’s trade secrets and confidential information and use such… Continue Reading
Wachtel v. Guardian Life Ins. Co., 2006 WL 1286189 (D.N.J. May 8, 2006) (Unpublished) In this opinion, the court addressed plaintiff’s motion to compel production of certain materials being withheld by defendants on a claim of privilege. It also denied defendants’ appeals of earlier discovery orders issued by the magistrate which imposed an adverse inference… Continue Reading
Krumwiede v. Brighton Assocs., L.L.C., 2006 WL 1308629 (N.D. Ill. May 8, 2006) In this case, plaintiff sued his former employer for breach of his employee agreement, reimbursement of back pay, intentional infliction of emotional distress, and reformation of the employee agreement. On August 25, 2005, the former employer (“Brighton”) filed a counterclaim alleging that… Continue Reading
From the New York Times: “Wall Street powerhouse Morgan Stanley & Co. Inc. has agreed to pay a $15 million civil fine to settle federal regulators’ charges that it repeatedly failed to provide tens of thousands of e-mails that they sought in major investigations over several years, federal regulators said Wednesday. The Securities and Exchange… Continue Reading
Cardinal Health 414, Inc. v. Rogers, 2006 WL 1207962 (E.D. La. May 3, 2006) The court’s order enjoined the defendants and their employees or agents from soliciting any current employee of the plaintiff for employment. It also required the defendants to return to the plaintiff, through counsel, “any tangible property (including all copies, recordings and… Continue Reading
Thompson v. Jiffy Lube Int’l, Inc., 2006 WL 1174040 (D. Kan. May 1, 2006) In this (uncertified) consumer class action, the court considered plaintiffs’ motion to compel the production of documents. Defendant contended that plaintiffs’ production requests exceeded the scope of class certification discovery, and were vague, overly broad and unduly burdensome. For example, defendant… Continue Reading
On Monday, April 24, 2006, the Advisory Committee on the Federal Rules of Evidence held a mini-conference on a proposed new rule concerning waiver of the attorney-client privilege and work product doctrine. The conference was held at Fordham Law School in New York City, and featured the following distinguished presenters:
May 22-24 in Chicago. Presented by Cohasset Associates, Inc. For more information, visit merconference.com.