Archive: September 2017

1
The Expert Institute: Best Legal Blog Nominee – Vote Now!
2
Catrinar v. Wynnestone Communities Corp., et al., No. 14-11872 (E.D. Mich. Sept. 30, 2017)
3
Title Capital Mgt. v. Progress Residential (S.D. Fla., 2017)
4
Archer v. York City School Dist. (3rd Cir., 2017)
5
The William Powell Co. v. National Indemnity Co. (S.D. Ohio, 2017)
6
Carpenter v. Gregg Scott (C.D. Ill., 2017)
7
Moody v. CSX Transportation (W.D.N.Y. , 2017)
8
Mitcham v. Americold Logistics, LLC, No. 17-cv-00808-WJM-NYW (D. Colo. Sept. 20, 2017)
9
United States v. New Mexico State University (D. N.M., 2017)
10
In re Cook Medical, Inc., IVC Filters Marketing, Sales Practices and Products Liability Litigation (S.D. Ind., 2017)

The Expert Institute: Best Legal Blog Nominee – Vote Now!

We are pleased to announce that the Electronic Discovery Law blog has been nominated to participate in The Expert Institute’s Best Legal Blog Contest in the AmLaw category.  Thanks to those who nominated us and to all of our readers and subscribers (sign up today!) for their ongoing interest in our blog. Voting is now open and runs through 12:00 AM on November 3rd. If you have appreciated our blog over the years, we would appreciate your vote!  CLICK HERE to cast your vote for the Electronic Discovery Law blog.

Catrinar v. Wynnestone Communities Corp., et al., No. 14-11872 (E.D. Mich. Sept. 30, 2017)

Key Insight: Plaintiff produced two versions of email (both dated before filing). Defendant argued one was fake and an attempt to bolster Plaintiff’s claim. Court deemed that dismissal was too harsh a sanction and denied dismissal sanction request.

Nature of Case: Family Medical Leave Act Violations

Electronic Data Involved: E-Mails

Keywords: Duplicate E-mail; Dismissal Sanction

View Case Opinion

Title Capital Mgt. v. Progress Residential (S.D. Fla., 2017)

Key Insight: The onset of the duty under Rule 37(e) does not have to say which exact kind of litigation that will occur. Prejudice was not found, but the question of intent was pushed to later.

Nature of Case: Contract, copyright

Electronic Data Involved: records, documents, and logs of the company

Keywords: Spoliation, intent to deprive, sanctions, prejudice

View Case Opinion

Archer v. York City School Dist. (3rd Cir., 2017)

Key Insight: Was the email account in question deleted with prejudice? Court found no prejudice, standard practice of deletion plus deletion was done a year before notice of legislation. Opinion however does not cite Rule 37(e)

Nature of Case: School charter renewal dispute/constitutional

Electronic Data Involved: Email account

Keywords: spoliation, sanctions

View Case Opinion

The William Powell Co. v. National Indemnity Co. (S.D. Ohio, 2017)

Key Insight: To what extent does disclosure of privileged documents to third parties waive privilege?

Nature of Case: Litigation for bad faith (Ohio law)

Electronic Data Involved: e-mails, deskfiles, and relevant shared e-documents

Keywords: Accidental waiver, third party disclosure, protected relationships

View Case Opinion

Carpenter v. Gregg Scott (C.D. Ill., 2017)

Key Insight: Court analyzed sanction request without determining if the footage was ESI, and without citing37(e). Court states that no spoliation occurred because there is no bad faith or notice of imminent legislation.

Nature of Case: 1983 legislation

Electronic Data Involved: Prison video surveillance

Keywords: spoliation, video,

View Case Opinion

Moody v. CSX Transportation (W.D.N.Y. , 2017)

Key Insight: failure to take reasonable steps to preserve data, prejudice to other party, intent to deprive

Nature of Case: personal injury

Electronic Data Involved: event recorder data: .dat file

Keywords: reasonable steps, adverse inference, relevance of data, event recorder, black box, laptop crash, prejudice, inferred intent to deprive

View Case Opinion

Mitcham v. Americold Logistics, LLC, No. 17-cv-00808-WJM-NYW (D. Colo. Sept. 20, 2017)

Key Insight: Plaintiff had kept a journal which was scanned and provided. Original Hard Copy was then destroyed. Judge granted motion for additional deposition time, but denied adverse inference instruction.

Nature of Case: Employment Discrimination; Wrongful Termination

Electronic Data Involved: Hard Copy of Scanned Journal

Keywords: Sanctions, Adverse Inference, Scanned Copy, Hard Copy

View Case Opinion

United States v. New Mexico State University (D. N.M., 2017)

Key Insight: Should deficient search terms be supplemented using court appointed terms? And how closely should counsel work together on electronic searches?

Nature of Case: Workplace discrimination

Electronic Data Involved: e-mails, documents of complaints and communication about complaints

Keywords: Keywords, Cooperation,

View Case Opinion

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