The Richmond Journal of Law & Technology (JOLT) released its third Annual Survey of Electronic Discovery this week. The issue features articles on a number of important issues relating to the new Federal Rules of Civil Procedure, including managing preservation obligations, accessible vs. inaccessable data, and creative approaches to cost-shifting. Thanks to Jon Player, editor-in-chief, for bringing this to our attention.
Univ. of Pittsburgh v. Townsend, 2007 WL 1002317 (E.D. Tenn. Mar. 30, 2007)
In this case, the University of Pittsburgh alleged that defendants misappropriated the University’s rights and interests in valuable medical scanning technology that the University alleged was developed collaboratively at its campus over the course of several years. In addition to Daubert motions, defendants moved the court for an excluding the testimony of plaintiff’s proposed experts based on spoliation of evidence. Specifically, defendants alleged that the experts, along with plaintiff’s counsel, admittedly destroyed copies of emails and draft expert reports. Defendants argued that, as a result of the spoliation, they were unfairly prejudiced and denied the opportunity to cross-examine the witnesses as to counsel’s contributions to their expert reports.