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

Monthly Archives: September 2006

Citing Pending E-Discovery Amendments, Court Explains Why Forensic Inspection of Defendant’s Computers Is Not Warranted


Powers v. Thomas M. Cooley Law School, 2006 WL 2711512 (W.D. Mich. Sept. 21, 2006) In her complaint, plaintiff alleged that the law school had failed to grant her reasonable accommodations necessitated by problems with her vision. Part of the factual basis of plaintiff’s case was the allegation that the computer systems maintained by the… Continue Reading

Failure to Institute Legal Hold Does Not Warrant Sanctions Absent Some Proof that Potentially Relevant Evidence Was Lost or Destroyed


Crandall v. City of Denver, 2006 WL 2683754 (D. Colo. Sept. 19, 2006) In this case, plaintiffs alleged that they were exposed to harmful chemicals or other adverse environmental conditions at Denver International Airport (“DIA”). During discovery, the defendant’s practices concerning the deletion of emails came under scrutiny. Plaintiffs contended that, since at least 2003… Continue Reading

Failure to Conduct Reasonable Investigation for Responsive Documents and Other Discovery Abuses Warrant Adverse Inference Instruction


3M Innovative Props. Co. v. Tomar Elecs., 2006 WL 2670038 (D. Minn. Sept. 18, 2006) In this patent infringement litigation, the district court judge affirmed the magistrate’s report and recommendation that plaintiff’s motion for sanctions against the defendant be granted in part. 3M offered three bases for sanctions: (1) Tomar gave false discovery responses; (2)… Continue Reading

Court Dismisses Complaint as Discovery Sanction for “Extensive and Egregious Misconduct”


Plasse v. Tyco Elecs. Corp., 2006 WL 2623441 (D. Mass. Sept. 7, 2006) In this wrongful termination case, defendant Tyco sought to prove that plaintiff had misrepresented his credentials when he applied for employment. At issue were several versions of plaintiff’s resume, some of which had indicated he held an M.B.A.; plaintiff suggested those may… Continue Reading

Court Enters Preservation Order and Requires Electronic Records be Produced in the Format in which They are Stored


United Med. Supply Co., Inc. v. United States, 73 Fed. Cl. 35 (2006) In this decision, the court issued a Document Preservation Order in light of defense counsel’s reports that several boxes of documents had been inadvertently destroyed during the pendency of the case. The court had ordered the parties to brief the issue of spoliation, and… Continue Reading

Court Orders Preservation of Ohio’s 2004 Presidential Election Ballots “on Paper or in Any Other Format, Including Electronic Data”


King Lincoln Bronzeville Neighborhood Ass’n v. Blackwell, 448 F. Supp. 2d 876 (S.D. Ohio 2006) Plaintiffs in this action are a collection of civic organizations and individuals that filed suit against the Secretary of State for the State of Ohio (J. Kenneth Blackwell) and various unnamed public election officials and private contractors who provided services to… Continue Reading

Party Not Entitled to Shift Costs of Restoring Emails that were Converted to Inaccessible Format After Duty to Preserve was Triggered


Quinby v. WestLB AG, 2006 WL 2597900 (S.D.N.Y. Sept. 5, 2006) Like the plaintiff in the Zubulake v. UBS Warburg LLC, the plaintiff in this case was a highly-paid investment banker who accused her employer of gender discrimination and illegal retaliation. In her requests for production, plaintiff requested that 19 current and former WestLB employees’… Continue Reading

Court Orders Party to Preserve Tapes of Recorded Phone Calls, and to Meet and Confer re Document Preservation Plan


Del Campo v. Kennedy, 2006 WL 2586633 (N.D. Cal. Sept. 8, 2006) Plaintiff sued the District Attorney of Santa Clara County (George Kennedy) and American Corrective Counseling Services, Inc. ("ACCS"), a private company that operates a Bad Check Restitution Program under contracts with district attorneys in California. The program is designed to return lost monies… Continue Reading

Plaintiff’s Misstatements to Court and Failure to Preserve Electronic Financial Records Warrant Ultimate Sanction of Dismissal


Ridge Chrysler Jeep, LLC v. Daimler Chrysler Servs. N. Am., LLC, 2006 WL 2808158 (N.D. Ill. Sept. 6, 2006) In this opinion (which was issued September 6, 2006, not 2005), the court adopted the Report and Recommendation of the magistrate judge assigned to handle discovery disputes in the case, and dismissed the case with prejudice. One… Continue Reading

Court Denies Spoliation Motion and Request for Evidentiary Hearing on Party’s E-Discovery Preservation Methods


O’Brien v. Ed Donnelly Enters., Inc., 2006 WL 2583327 (S.D. Ohio Sept. 5, 2006) In this suit brought under the Fair Labor Standards Act, defendants had produced over 8,000 documents consisting largely of plaintiffs’ work schedules and time punch and payroll records, including Time Punch Change Approval Reports (“TPCA Reports”) related to plaintiffs. The TPCA… Continue Reading

Insufficient Preservation Efforts Warranted Monetary Sanctions, but not Adverse Inference Instruction


Consol. Aluminum Corp. v. Alcoa, Inc., 2006 WL 2583308 (M.D. La. July 19, 2006) In this opinion, the magistrate judge considered plaintiff’s motion for sanctions based on spoliation of evidence, and concluded that, although adverse inference instructions were not warranted, defendant’s conduct in negligently failing to preserve electronic evidence “should not go unpunished.” Accordingly, the… Continue Reading

“Developing an Effective E-discovery Response Plan” Presented by Dawson

Posted in EVENTS

Preston’s Martha Dawson will be a featured speaker at the upcoming In-House Paralegal SuperConference in Philadelphia on October 4-5, 2006.  She will be emphasizing the importance of equiping yourself with the insight and knowledge necessary to implement effective strategies for quickly and efficiently complying with e-discovery requests.  Click here for further conference details.

Party Not Required to Produce Financials in Searchable Electronic Format, In Part Because Requesting Party Had Refused Similar Request


OKI Am., Inc. v. Advanced Micro Devices, Inc., 2006 WL 2547464 (N.D. Cal. Aug. 31, 2006) In this patent litigation, AMD moved to compel the production of certain financial documents, complaining that OKI had produced a disk containing 29,000 pages of financial materials which “were not in electronic format and not searchable.” In response, OKI… Continue Reading

Deadline for Comments on Proposed Evidence Rule 502 is February 15, 2007; Public Hearings to Take Place In January 2007 in New York and Phoenix


As reported earlier, at its June 2006 meeting, the Committee on Rules of Practice and Procedure approved the recommendations of the Advisory Committee on Evidence Rules, and approved publishing for public comment proposed Evidence Rule 502 (Attorney-Client Privilege and Work Product; Limitations on Waiver). The rule has now been published for public comment, and is… Continue Reading

Court Approves Responding Party’s Limited Production for Overbroad E-Discovery Request


Lewis v. Sch. Dist. #70, 2006 WL 2506465 (S.D. Ill. Aug. 25, 2006) In this wrongful termination lawsuit, plaintiff sought production of “All emails with attachments sent or received by anyone at the school since 1-1-97.” Defendants objected that the request was vague, ambiguous, overly broad, unduly burdensome, oppressive, and would encompass matters not relevant… Continue Reading