Archive: May 5, 2009

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Federal Court Defers Final Ruling on Attorneys’ Fees Motion Related to Forensic Examination

Federal Court Defers Final Ruling on Attorneys’ Fees Motion Related to Forensic Examination

Technical Sales Assocs., Inc. v. Ohio Star Forge Co., Nos. 07-11745, 08-13365 (E.D. Mich. May 1, 2009)

In ongoing litigation over sales commissions, Plaintiff Technical Sales Associates, Inc. ("TSA") claims that Defendant Ohio Star Forge Comapny ("OSF") breached two separate sales representative agreements.  After a protracted discovery dispute, TSA and OSF agreed to a forensic examination of OSF’s computers to search for a particular e-mail.  The forensic examination was performed by a company hired by TSA called Midwest Data Group LLC ("Midwest").  During the forensic examination, Midwest found evidence that certain files had been deleted by OSF. Midwest’s reporting of its findings to TSA became the subject of cross-motions for sanctions which were ruled upon by the court on March 19, 2009.  (See summary of March 19, 2009 opinion available here.)

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