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

Monthly Archives: June 2009

Magistrate Judge Declines to Compel Plaintiff to Categorically Organize Documents that were Produced as Kept in the Usual Course of Business


Valeo Elec. Sys., Inc. v. Cleveland Die & Mfg. Co., 2009 WL 1803216 (E.D. Mich. June 17, 2009) In response to defendant’s requests for production, plaintiff produced over 270,000 pages of emails and other electronically stored information (“ESI”) as they were kept in the usual course of business.  Plaintiff also produced two indices which identified… Continue Reading

You Get What You Pay For: Court Allows Access to Defendant’s Relevant Backup Tapes and Email Archives provided Plaintiff is Willing to Bear the Costs


Kilpatrick v. Breg, Inc., 2009 WL 1764829 (S.D. Fla. June 22, 2009) This case arose from plaintiff’s claim that defendant’s product caused plaintiff to develop a degenerative cartilage condition (chondrolysis), that defendant was aware of the risk of such a condition, and that defendant is therefore liable for plaintiff’s damages resulting from the condition.  In… Continue Reading

Court Orders Producing Party to Bear the Cost of Production but Not Conversion where Documents are Produced as Ordinarily Maintained, Declines to Compel Production of All Metadata


Dahl v. Bain Capital Partners, LLC, 2009 WL 1748526 (D. Mass. June 22, 2009) In a comprehensive yet brief opinion, the court addressed several issues including the cost of conversion and production of electronically stored information (“ESI”) and the production of metadata, among other things. Specifically, noting that “courts will rarely shift costs to the… Continue Reading

Court Finds Request Overly Broad and Unduly Burdensome and Denies Motion to Compel but Orders Search of Electronically Stored Information According to Its Instruction


Kay Beer Distrib., Inc. v. Energy Brands, Inc., 2009 WL 1649592 (E.D. Wis. June 10, 2009) Following the court’s award of partial summary judgment to defendant, the sole cause of action remaining was plaintiff’s claim for breach of an oral agreement.  In support of that claim, plaintiff sought to compel the production of five DVDs… Continue Reading

Iowa Supreme Court Adopts New Evidence Rule 5.502 Addressing the Disclosure of Information Subject to the Attorney-Client Privilege and Work Product

Posted in NEWS & UPDATES

On April 2, 2009, the Iowa Supreme Court approved the adoption of Evidence Rule 5.502 addressing the disclosure of information covered by the attorney-client privilege and work product.  Substantially similar to recently enacted Federal Rule of Evidence 502, the new rule outlines the effects of disclosure with regard to waiver, including the effect of inadvertent… Continue Reading

Appellate Court Finds Trial Court Abused its Discretion by Failing to Impose Terminating Sanctions for Discovery Abuses, Directs Entry of Default Judgment


Doppes v. Bentley Motors, Inc., 94 Cal. Rptr. 3d 802 (Cal. Ct. App. 2009) In this case arising from plaintiff’s claims of a foul odor in his new car and defendant’s failure to repair it, plaintiff repeatedly sought terminating sanctions from the trial court for defendant’s repeated and egregious discovery abuses.  Instead, the trial court… Continue Reading

Upcoming Events

Posted in EVENTS

E-Discovery Workshop via HP Halo Telepresence Collaboration Studios – “E-Discovery in a Down Economy:  Achieving Litigation Readiness While Cutting Costs and Improving Outcomes” July 16, 2009 HP Halo Studio Locations:      New York, NY – 2 Penn Plaza, 8th Floor      Marlborough, MA – 200 Forest St.      Alpharetta, GA – 5555 Windward Parkway 9:30… Continue Reading

Finding Plaintiffs’ Ex-Employee and his New Employers Culpable for the Spoliation of Ex-Employee’s Laptop, Court Orders Adverse Inference and Monetary Sanctions


Beard Research, Inc. v. Kates, 981 A.2d 1175 (Del. Ch. 2009) In this case, arising from plaintiffs’ claims that defendants interfered with business relationships and misappropriated trade secrets, plaintiffs sought sanctions against defendants for the destruction of information on a laptop computer which belonged to defendant Michael Kates, a former employee of plaintiffs.  The court refused to… Continue Reading

Finding Defendants’ Behavior “a Textbook Case of Discovery Abuse,” Court Orders $1,022,700 in Monetary Sanctions


Kipperman v. Onex Corp., 2009 WL 1473708 (N.D. Ga. May 27, 2009) In this constructive transfer and fraud case arising out of the 2003 bankruptcy of Magnatrax Corporation, plaintiff alleged numerous discovery abuses on the part of defendants and sought sanctions accordingly.  Among the abuses described were several allegations related to defendants’ failure to produce… Continue Reading

Court Declines to Compel Production of Documents from Foreign Jurisdiction upon Finding a Lack of Personal Jurisdiction and where Certain Documents are Protected from Production by Israeli Law


Linde v. Arab Bank, PLC, 2009 WL 1456573 (E.D.N.Y. May 22, 2009) In this case, defendant Arab Bank moved to compel production of documents, pursuant to subpoena, by non-parties Israel Discount Bank, Ltd. (“IDB”), its indirect, wholly –owned subsidiary, Israel Discount Bank of New York (“IDBNY”), and Bank Hapoalim (“Hapoalim”).  Arab Bank served its first… Continue Reading

Update: Supreme Court of Louisiana Vacates Court of Appeal’s Judgment to Vacate Preliminary Injunction of District Court, Remands for Further Proceedings

Posted in NEWS & UPDATES

Council of the City of New Orleans v. Washington, 9 So.3d 854 (La. 2009) In this case, attorney Tracie Washington and others appealed a preliminary injunction from the District Court preventing the dissemination of emails received in response to a public records request. The injunction was issued in light of the City’s failure to properly… Continue Reading