Archive: March 31, 2017

1
Inderjeet Basra v. Ecklund Logistics (D.Neb, 2017)
2
Hsueh v. New York State, No. 15 cv 3401 (S.D.N.Y. March 31, 2017)
3
Hsueh v. New York State Dep?t of Fin. Servs (Southern District of New York, 2017)
4
Duffy v. Lawrence Memorial Hospital (D. Kansas , 2017)
5
Bird v. Wells Fargo Bank (E.D. Cal., 2017)

Inderjeet Basra v. Ecklund Logistics (D.Neb, 2017)

Key Insight: no intentional destruction of evidence, mere negligence in not maintaining record of accidents in Qualcomm/PeopleNet

Nature of Case: negligence, loss of consortium, punitive damages

Electronic Data Involved: Qualcomm data, PeopleNet server data

Keywords: Spoliation

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Hsueh v. New York State, No. 15 cv 3401 (S.D.N.Y. March 31, 2017)

Key Insight: Court said 37(e) doesn’t apply when recording was intentionally deleted. Adverse inference granted for plaintiff’s deletion of an audio tape, despite its subsequent recovery and production from a hard drive backup.

Nature of Case: sexual harassment at work

Electronic Data Involved: audio tape, hard drive backup

Keywords: adverse inference, over-preservation concerns

Hsueh v. New York State Dep?t of Fin. Servs (Southern District of New York, 2017)

Key Insight: Intentionally deleting ESI is different from failing to preserve and falls under a court’s inherent authority, not FRCP 37(e).

Nature of Case: Sexual harassment

Electronic Data Involved: Recorded conversation

Keywords: Spoliation sanctions, recording, DFS, department of financial services

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Bird v. Wells Fargo Bank (E.D. Cal., 2017)

Key Insight: Conduct discovery in good faith; Maintain a civil tone in communications; Purge of emails

Nature of Case: Employment Discrimination

Electronic Data Involved: ESI; email; SMS; Text messages

Keywords: Good Faith; Proportionality; Meet and confer; Rule 16 – Scope of discovery; Purge of emails; Complete breakdown of discovery

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