Archive - December 1, 2009

1
GW Equity LLC v. Xcentric Ventures LLC, 2009 WL 62168 (N.D. Tex. Jan. 9, 2009)
2
Swendra v. Comm?r Pub. Safety, 2009 WL 660770 (Minn. Ct. App. Jan. 13, 2009)(Unpublished)

GW Equity LLC v. Xcentric Ventures LLC, 2009 WL 62168 (N.D. Tex. Jan. 9, 2009)

Key Insight: Court adopted magistrate judge?s recommendations and denied plaintiff?s motion for sanctions for intentional spoliation of website content, despite defendants’ failure to suspend its policy allowing content to be edited, where evidence showed that no edits were made to the content at issue and thus plaintiff suffered no prejudice

Nature of Case: Defamation

Electronic Data Involved: Website contents

Swendra v. Comm?r Pub. Safety, 2009 WL 660770 (Minn. Ct. App. Jan. 13, 2009)(Unpublished)

Key Insight: Court did not abuse discretion in denying defendant?s motion for discovery of Intoxilyzer 500 EN source code where defendant stipulated that test was administered properly and appeared to be in working order and where production would be unduly burdensome absent a showing of relevance beyond speculation

Nature of Case: Driver’s license revocation

Electronic Data Involved: Source code

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