Archive - May 2017

1
Integrated Direct Marketing v. Drew May (4th Cir., 2017)
2
Hulett v. City of Syracuse (N.D. N.Y., 2017)
3
Iris Mediaworks, Ltd. v. Vasisht (Sup. Ct. N.Y., 2017)
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In Re State Farm Lloyds, Relator, Nos. 15-0903, 15-0905 (Tex. Sup. Ct. May 26, 2017)
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CrossFit, Inc. v. Nat’l Strength & Conditioning Ass’n, No. 3:14-cv-01191-JLS-KSC (S.D. Cal. May 26, 2017)
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Robinson v. Renown Regional Medical Center (D. Nev., 2017)
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First Am. Bankcard, Inc. v. Smart Bus. Tech., Inc., No. 2:15-cv-00638-KDE-JCW (E.D. La. May 24, 2017)
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“Discovery can be burdensome even as it is inexpensive.”
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Omnigen Research v. Wang, No. 6:16-cv-00268-MC, 2017 WL 2260071 (D. Or. May 23, 2017)
10
Kennedy v. Supreme Forest (D.Conn, 2017)

Integrated Direct Marketing v. Drew May (4th Cir., 2017)

Key Insight: insufficient evidence to support finding of spoliation

Nature of Case: Trade secret misappropriation, breach of confidentiality agreement

Electronic Data Involved: deletion of plaintiff’s electronic files from May’s personal hard drive

Keywords: spoliation inference, trade secret misappropriation

View Case Opinion

CrossFit, Inc. v. Nat’l Strength & Conditioning Ass’n, No. 3:14-cv-01191-JLS-KSC (S.D. Cal. May 26, 2017)

Key Insight: Lack of cooperation and deception on production does not lead to terminating sanctions if evidence was not actually destroyed but does lead to adverse inferences and cost shifting

Nature of Case: Unfair Competition

Electronic Data Involved: Electronic records

Keywords: CrossFit, terminating sanctions, perjury

View Case Opinion

Robinson v. Renown Regional Medical Center (D. Nev., 2017)

Key Insight: Motion for sanctions denied since the court found that the loss had been accidental, so no intent. Plus, much of the info likely never existed.

Nature of Case: workplace discrimination/hostile work environment

Electronic Data Involved: Telephone logs and connected data, electronic logs

Keywords: Spoliation, loss of data, equipment failure, recoverable data, sanctions

View Case Opinion

First Am. Bankcard, Inc. v. Smart Bus. Tech., Inc., No. 2:15-cv-00638-KDE-JCW (E.D. La. May 24, 2017)

Key Insight: Specific objections are required for proportionality claims

Nature of Case: Breach of contract

Electronic Data Involved: Electronic data

Keywords: boilerplate, control, former owner and top officers

View Case Opinion

“Discovery can be burdensome even as it is inexpensive.”

Gordon v. T.G.R. Logistics, Inc., No. 16-cv-00238-NDF, 2017 WL 1947537 (D. Wy. May 10, 2017)

In this personal injury case, Defendant requested production of Plaintiff’s entire “Facebook account history” for her two accounts (and later limited the relevant timeframe of the request to information from three years prior to the accident through the present). In response, Plaintiff produced information that referenced the at-issue auto accident or her injuries and also provided information identified by a set of keywords set forth by Defendant.  She objected to further production based on a lack of relevance, undue burden, and invasion of privacy.  The court granted Defendant’s subsequent motion to compel, but imposed significant limits on the scope of production.

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Omnigen Research v. Wang, No. 6:16-cv-00268-MC, 2017 WL 2260071 (D. Or. May 23, 2017)

Key Insight: Intentional deletion and refusal to produce evidence leads to default judgment

Nature of Case: Breach of contract

Electronic Data Involved: Electronic data

Keywords: Default judgment, China, termination sanction

View Case Opinion

Kennedy v. Supreme Forest (D.Conn, 2017)

Key Insight: sanctions not appropriate for deletion of original recordings, no alteration of originals

Nature of Case: Termination of employment

Electronic Data Involved: audio recordings, transcripts, photographs

Keywords: deletion of original, termination of employment, Best evidence rule

View Case Opinion

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