Archive: August 3, 2017

1
RealPage v. Enterprise Risk Control, No. 4:16-CV-00737, 2017 WL 3313729 (E.D. Tex. Aug. 3, 2017)
2
Parris v. Pappas (D. Conn., 2017)
3
Johnson v. City of Bastrop (Western District Louisiana, Monroe Division, 2017)
4
Hefter Impact Techs, LLC v. Sport Maska, Inc., No. 1:15-cv-13290-PBS (D. Mass. Aug. 3, 2017)

RealPage v. Enterprise Risk Control, No. 4:16-CV-00737, 2017 WL 3313729 (E.D. Tex. Aug. 3, 2017)

Key Insight: Deletion of files, destruction of evidence.

Nature of Case: Alleged defendant use of plaintiff’s trade-secret information

Electronic Data Involved: computer images

Keywords: destruction of evidence, forensic examination

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Parris v. Pappas (D. Conn., 2017)

Key Insight: Documents in plaintiff’s girlfriend’s possession could not be compelled, because the girlfriend refused to produce them.

Nature of Case: Civil Rights action

Electronic Data Involved: documents held by third party

Keywords: practical ability test, proportionality, third party subpoena

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Hefter Impact Techs, LLC v. Sport Maska, Inc., No. 1:15-cv-13290-PBS (D. Mass. Aug. 3, 2017)

Key Insight: Whether deleted ESI and destroyed notebooks were relevant and, if so, whether there is sufficient evidence to find that spoliation was intentional or resulted in prejudice; whether sanction of reasonable costs is appropriate

Nature of Case: contract dispute

Electronic Data Involved: deleted e-mail, deleted electronic records, hard-copy notebooks

Keywords: spoliation, sanctions, notebook, litigation hold, bad faith, prejudice, deleted, legal hold, negligence, retention policy, backups

View Case Opinion

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