Archive: March 6, 2006

1
After-Acquired Evidence that Employee Misused Laptop in Violation of Company Policy and Erased Data Survives Summary Judgment
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Production of Computer Printouts in Response to Interrogatories and Production Requests Not Deemed Unauthorized Data Dump

After-Acquired Evidence that Employee Misused Laptop in Violation of Company Policy and Erased Data Survives Summary Judgment

Olson v. Int’l Bus. Mach.s, 2006 WL 503291 (D.Minn. Mar. 1, 2006)

John Olson (“Olson”) sued International Business Machines (“IBM”) in connection with his termination of employment. Claims included employment discrimination in violation of the Minnesota Human Rights Act, violation of the Family Medical Leave Act of 1993, and intentional infliction of emotional distress. Health care providers found that Olson suffered from mental health problems and had thoughts of harming his immediate supervisor, Shelley Green. On June 18, 2004, Olson was dismissed following an investigation by IBM’s violence assessment team. Read More

Production of Computer Printouts in Response to Interrogatories and Production Requests Not Deemed Unauthorized Data Dump

Jackson v. City of San Antonio, 2006 WL 487862 (W.D.Tex. Jan 31, 2006)

In this case, which involves claims of entitlement to FLSA overtime wages, plaintiffs filed a motion to compel pursuant to Federal Rule of Civil Procedure 37(a). Plaintiffs alleged, in part, that defendants’ production of computerized pay and time records in response to interrogatories and production requests constituted an “unauthorized ‘data dump.'” Plaintiffs also claimed that the records are “unhelpful, unusable, and nonresponsive” because field descriptors are missing. Read More

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