March 6, 2017 – Electronic Discovery Law

Healthwerks, Inc. et al. v. Stryker Spine, et al., No. 14-93 (E.D. Wisc. Mar. 6, 2017)

Mar 06 2017

Key Insight: Plaintiffs files motion to compel text messages in April 2016, Discovery had closed in November 2015. Defendant’s failure to realize that they couldn’t search specifically for text messages is not basis for granting motion to compel so late. Decision was later vacated.

Nature of Case: Contract Dispute

Electronic Data Involved: Text Messages

Keywords: Text messages; after discovery closed

View Case Opinion

Ensing v. Ensing, et al., No 12591 (Del. Ct. Chancery Mar. 6, 2017)

Mar 06 2017

Key Insight: Defendant had attempted to remove plaintiff as manager of two LLCs during divorce. Plantiff showed evidence of inconsistent metadata within defendant’s key documents. Court ruled defendant did not have right to remove plaintiff and documents showing otherwise were not reliable.

Nature of Case: Validity of Removal of Manager of LLC

Electronic Data Involved: LLC Agreements and Related Documents

Keywords: Metadata; Sanctions

Archive - March 6, 2017