Archive - July 27, 2017

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Court Compels Production of Documents Withheld as Nonresponsive, Orders Requesting Party to Bear Costs of Re-Review
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Mirmina v. Genpact LLC, No. 3:16-cv-00614-AWT (D. Conn. July 27, 2018)
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Alvarez v. King County (W.D. Wash., 2017)

Court Compels Production of Documents Withheld as Nonresponsive, Orders Requesting Party to Bear Costs of Re-Review

Nachurs Alpine Sols. Corp. v. Banks, No. 15-CV-4015-LTS, 2017 WL 2918979 (N.D. Iowa July 7, 2017)

In this case, Defendants identified a number of potentially responsive documents by conducting a search with court-approved terms. Upon review of those documents, many were withheld from production as nonresponsive.  When Plaintiff sought to compel production of additional documents it suspected were relevant, the court granted the request, but shifted the burden of reviewing the withheld documents to Plaintiff, including cost.

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Mirmina v. Genpact LLC, No. 3:16-cv-00614-AWT (D. Conn. July 27, 2018)

Key Insight: whether counsel assumed responsibility for ensuring a comprehensive search was conducted

Nature of Case: employment discrimination

Keywords: comprehensive search, litigation hold, guidance, reasonable inquiry

View Case Opinion

Alvarez v. King County (W.D. Wash., 2017)

Key Insight: A different office overwrote the recordings, and thus it would be unjust to punish defendant for something they did not do. Moreover, there was no notice, and the recordings were overwritten as a normal course of business.

Nature of Case: Excessive force, 4th/5th amendments

Electronic Data Involved: Recordings of radio calls

Keywords: Notice of duty to preserve, safe harbor, spoliation sanctions, intent to deprive, failure to act

View Case Opinion

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