Archive: December 1, 2004

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R.S. Creative, Inc. v. Creative Cotton, Ltd., 89 Cal. Rptr. 2d 353 (Cal. Ct. App. 1999)
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Mosaid Techs. Inc. v. Samsung Elecs. Co., 2004 WL 2550309 (D.N.J. Oct. 1, 2004) (“Mosaid III”)
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Mosaid Techs. Inc. v. Samsung Elecs. Co., 348 F.Supp.2d 332 (D.N.J. 2004) (“Mosaid IV”)
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Mosaid Techs. Inc. v. Samsung Elecs. Co., 224 F.R.D. 595 (D.N.J. 2004) (“Mosaid II”)
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Mosaid Techs. Inc. v. Samsung Elecs. Co., 2004 WL 2550306 (D.N.J. July 7, 2004) (“Mosaid I”)
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Ferrari v. Gisch, 225 F.R.D. 599 (C.D. Cal. 2004)
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Markham v. Nat’l States Ins. Co., 2004 WL 3019308 (W.D. Okla. Jan. 8, 2004)
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Harvey v. Allstate Ins. Co., 2004 WL 3142228 (W.D. Tenn. Aug. 23, 2004)
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Bell v. Woodward Governor Co., 2004 WL 3121301 (N.D. Ill. Dec. 20, 2004)
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In re Nat’l Century Fin. Enters., Inc. Fin. Inv. Litig., 347 F. Supp. 2d 538 (S.D. Ohio 2004)

R.S. Creative, Inc. v. Creative Cotton, Ltd., 89 Cal. Rptr. 2d 353 (Cal. Ct. App. 1999)

Key Insight: Trial court properly imposed terminating sanctions against plaintiff for egregious discovery abuses, including the deletion of files from hard drives after plaintiff had stipulated that computers and diskettes would not be operated or touched until defendants’ computer expert could examine them

Nature of Case: Breach of contract

Electronic Data Involved: Hard drive, computer files

Mosaid Techs. Inc. v. Samsung Elecs. Co., 2004 WL 2550309 (D.N.J. Oct. 1, 2004) (“Mosaid III”)

Key Insight: Finding representative parts/assumptions sanctions imposed by magistrate to be moderate, fair, and narrowly tailored to redress defendant’s discovery violations, district court upheld sanctions with slight modifications

Nature of Case: Patent infringement

Electronic Data Involved: Schematics, completion reports, netlists and other technical documents

Mosaid Techs. Inc. v. Samsung Elecs. Co., 348 F.Supp.2d 332 (D.N.J. 2004) (“Mosaid IV”)

Key Insight: Finding defendant’s actions went “far beyond mere negligence, demonstrating knowing and intentional conduct that led to the nonproduction of all technical e-mails,” district court affirmed the spoliation inference jury instruction and monetary sanctions imposed by magistrate

Nature of Case: Patent infringement

Electronic Data Involved: Email

Mosaid Techs. Inc. v. Samsung Elecs. Co., 224 F.R.D. 595 (D.N.J. 2004) (“Mosaid II”)

Key Insight: Following additional briefing by parties on attorneys’ fees and adverse inference instruction, magistrate awarded plaintiff $563,843 in fees and $2,998 in costs for its counsel’s efforts on sanctions motion and to secure discovery and crafted jury instruction based upon that adopted in Zubulake V

Nature of Case: Patent infringement

Electronic Data Involved: Email

Mosaid Techs. Inc. v. Samsung Elecs. Co., 2004 WL 2550306 (D.N.J. July 7, 2004) (“Mosaid I”)

Key Insight: Magistrate granted various discovery sanctions requested by plaintiff, including monetary sanctions and a jury instruction adverse to defendants based on destruction and non-production of email

Nature of Case: Patent infringement

Electronic Data Involved: Email

Ferrari v. Gisch, 225 F.R.D. 599 (C.D. Cal. 2004)

Key Insight: Where statute specifically imposed a duty on defendants to preserve evidence, and defendants represented they had complied and will comply with the statute, and plaintiffs adduced no evidence of non-compliance, court declined to enter an order mandating the preservation of evidence

Nature of Case: Securities fraud class action

Electronic Data Involved: All relevant documents, data compilations and tangible things

Markham v. Nat’l States Ins. Co., 2004 WL 3019308 (W.D. Okla. Jan. 8, 2004)

Key Insight: After jury awarded plaintiffs $225,000 in compensatory and punitive damages, court considered as a post-judgment matter the issue of whether to impose sanctions against defendant for discovery abuse, allowing parties to conduct further discovery on the impact of defendant’s noncompliance and scheduling an evidentiary hearing on the issue

Nature of Case: Heirs of insured sued insurance company for breach of duty of good faith and fair dealing, false representation and deceit

Electronic Data Involved: Computerized claims information

Harvey v. Allstate Ins. Co., 2004 WL 3142228 (W.D. Tenn. Aug. 23, 2004)

Key Insight: Court ordered defendant to supplement interrogatory response where deposition testimony showed that some of the information sought in the interrogatory could be obtained from a simple computer operation

Nature of Case: Insured alleged that insurer’s denial of claim violated 42 U.S.C. ? 1981

Electronic Data Involved: Computerized claim file information

Bell v. Woodward Governor Co., 2004 WL 3121301 (N.D. Ill. Dec. 20, 2004)

Key Insight: Where defendant represented that it had not located any other responsive documents which were not previously produced, court ordered defendant, with seven days of receipt of the order, to: (1) confirm that a reasonable search for the subject documents was conducted and indicate what the manner of the search was, (2) produce responsive documents, (3) confirm if no responsive documents exist, and (4) confirm instances where the documents were destroyed, indicating by whom and when, if possible

Nature of Case: Class action for race discrimination

Electronic Data Involved: Email and other documents

In re Nat’l Century Fin. Enters., Inc. Fin. Inv. Litig., 347 F. Supp. 2d 538 (S.D. Ohio 2004)

Key Insight: Court granted plaintiffs’ motion for leave to issue document preservation subpoena to Chapter 11 debtor, finding it was necessary to preserve the documents held by debtor since debtor would likely be dissolved and its documents would be destroyed, and such destruction would cause actual prejudice to plaintiffs in prosecuting their class action

Nature of Case: Securities class action by investors claiming that defendants had looted assets of Chapter 11 debtor

Electronic Data Involved: Information held in electronic form

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