Archive: March 30, 2017

1
Walker v. Geico Indemnity Company, 6:15-cv-1002-Orl-41KRS (M.D. Fla, 2017)
2
Keathley v. Grange Insur. (Eastern Division Michigan, Southern Division, 2017)
3
Baxter International, Inc. v. AXA Versicherung, 1:11-cv-09131 (N.D. Ill.) (Illionis Northern District, 2017)
4
Agility Public Whsg. v. DOD (D. D.C., 2017)

Walker v. Geico Indemnity Company, 6:15-cv-1002-Orl-41KRS (M.D. Fla, 2017)

Key Insight: Whether a determination of an inadvertent production of documents was erroneous or that the attorney didn’t follow reasonable steps to prevent disclosure.

Nature of Case: Personal Injury, insurance bad faith

Electronic Data Involved: Inadvertently produced documents, produced work product/ACP

Keywords: work product, inadvertent disclosure, claw back, reasonable steps to avoid disclosure

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Keathley v. Grange Insur. (Eastern Division Michigan, Southern Division, 2017)

Key Insight: Spoliation sanctions for missing insurance photos premature before clarifying deposition from party

Nature of Case: insurance coverage litigation

Electronic Data Involved: photos

Keywords: amended declaration inadequate, IT protocol

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Baxter International, Inc. v. AXA Versicherung, 1:11-cv-09131 (N.D. Ill.) (Illionis Northern District, 2017)

Key Insight: plaintiff is seeking notices of litigation sent to co-insurers by defendant and defendant claims work product and privilege.

Nature of Case: MDL against drug companies for damages for allegedly contaminated blood products.

Electronic Data Involved: post-litigation communications with co-insurers and re-insurers.

Keywords: work product, privilege, notice to insurers, scope of coverage

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Agility Public Whsg. v. DOD (D. D.C., 2017)

Key Insight: 37(e) takes precedence over inherent authority in cases where it can be applied. Spoliation took place before there was anticipation of a trial.

Nature of Case: Defamation, tortious interference with contracts

Electronic Data Involved: e-mails

Keywords: Spoliation, inherent authority, 37(e)

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