Archive: May 26, 2017

1
In Re State Farm Lloyds, Relator, Nos. 15-0903, 15-0905 (Tex. Sup. Ct. May 26, 2017)
2
Iris Mediaworks, Ltd. v. Vasisht (Sup. Ct. 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)
5
CrossFit, Inc. v. Nat’l Strength & Conditioning Ass’n, No. 3:14-cv-01191-JLS-KSC (S.D. Cal. May 26, 2017)

In Re State Farm Lloyds, Relator, Nos. 15-0903, 15-0905 (Tex. Sup. Ct. May 26, 2017)

Key Insight: Texas Supreme Court 7 part test for proportionality- benefit, case needs, amount in controversy, parties’ resources, issues at stake, importance of proposed discovery and other articulable factors. Brought Texas in line with FRCP.

Nature of Case: Homeowner Insurance Claim Litigation

Electronic Data Involved: Insurer Records

Keywords: Format of Production; Proportionality Factors

Identified State Rule(s): Rule 192.4; Rule 196.4

Iris Mediaworks, Ltd. v. Vasisht (Sup. Ct. N.Y., 2017)

Key Insight: Defendant hacking of Plaintiff business email account, including confidential attorney-client communications.

Nature of Case: Trade secrets violation

Electronic Data Involved: business email account

Keywords: Email theft, hacking, sanctions.

Identified Local Court Rule(s): defendant showed a “disregard for the judicial process.”

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

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