Archive - March 2017

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Inderjeet Basra v. Ecklund Logistics (D.Neb, 2017)
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Hsueh v. New York State, No. 15 cv 3401 (S.D.N.Y. March 31, 2017)
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Hsueh v. New York State Dep?t of Fin. Servs (Southern District of New York, 2017)
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Duffy v. Lawrence Memorial Hospital (D. Kansas , 2017)
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Bird v. Wells Fargo Bank (E.D. Cal., 2017)
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Walker v. Geico Indemnity Company, 6:15-cv-1002-Orl-41KRS (M.D. Fla, 2017)
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Keathley v. Grange Insur. (Eastern Division Michigan, Southern Division, 2017)
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Baxter International, Inc. v. AXA Versicherung, 1:11-cv-09131 (N.D. Ill.) (Illionis Northern District, 2017)
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Agility Public Whsg. v. DOD (D. D.C., 2017)
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FCA US, LLC v. Cummins, Inc., No. 16-12883 (E.D. Mich. Mar. 28, 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

View Case Opinion

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

View Case Opinion

Duffy v. Lawrence Memorial Hospital (D. Kansas , 2017)

Key Insight: whether production of a random sample is appropriate when full review unduly burdensome

Nature of Case: False Claims Act

Electronic Data Involved: patient records

Keywords: random sample, undue burden, statistical sample, prejudice, TAR

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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

View Case Opinion

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

View Case Opinion

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

View Case Opinion

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)

View Case Opinion

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