Archive: 2018

1
OptoLum v. Cree, Inc., No, 1:17CV687 (M.D.N.C. Dec. 28, 2018)
2
Echavarria v. Roach, No. 16-cv-11118-ADB (D. Mass. Dec. 26, 2018)
3
Farmers New World Life Ins. Co. v. Atchison, No. CIV-17-1254-D (W.D. Okla. Dec. 17, 2018)
4
Nuvasive, Inc. v. Alphatec Holdings, Inc. et al (S.D. Cal., 2018)
5
Hallmark Licensing LLC v. Dickens Inc. (E.D.N.Y., 2018)
6
Dufrene v. American Tugs Inc. (District Court of Eastern Louisiana, 2018)
7
TrueNorth Cos., LC v. TruNorth Warranty Plans of N. Am. (Northern District of Iowa, 2018)
8
Miller v. Sauberman et al., 2018 NY Slip Op 33142(U) (N.Y. Sup. Ct. Dec. 4, 2018)
9
Jared M. Villery v. Jeffrey Beard, et al., 1:15-cv-00987-DAD-BAM (PC), (California, Eastern District, 2018)
10
Eagle Air Med et al v. Sentinel Air Medical Alliance et al (D. Utah, 2018)

OptoLum v. Cree, Inc., No, 1:17CV687 (M.D.N.C. Dec. 28, 2018)

Key Insight: Defendant’s email archive system had had issues and was replaced before litigation filed, but servers were kept. Stubbed E-mail attachments were inaccessible. defendant showed attachments were potentially relevant and motion to compel was granted. Costs were to be split since it would be undue burden on plaintiff alone and they had not acted in bad faith.

Nature of Case: Patent Infringement

Electronic Data Involved: Stubbed E-mail Attachments

Keywords: Restoration, undue burden, bad faith, cost shifting

View Case Opinion

Echavarria v. Roach, No. 16-cv-11118-ADB (D. Mass. Dec. 26, 2018)

Key Insight: Documents produced without metadata did not have natural organization that made finding documents reasonably possible. Burden of showing natural organization is proper rests on party producing documents.

Nature of Case: Civil Rights – Wrongful Conviction

Electronic Data Involved: Various ESI

Keywords: Organization; usual course of business; metadata or identifying information

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Farmers New World Life Ins. Co. v. Atchison, No. CIV-17-1254-D (W.D. Okla. Dec. 17, 2018)

Key Insight: law enforcement investigative privilege, law enforcement evidentiary privilege

Nature of Case: insurance coverage litigation

Electronic Data Involved: 911 recordings, video footage, photographs, witness statements, contact information, arrest and intake records

Keywords: in-camera inspection, law enforcement, investigative privilege, evidentiary privilege, particularity

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Nuvasive, Inc. v. Alphatec Holdings, Inc. et al (S.D. Cal., 2018)

Key Insight: Objection to RFP unreasonable on basis that opposing party failed to provide search terms since each party has independent obligation to produce relevant documents but noted failure to participate

Nature of Case: Patent infringement

Electronic Data Involved: emails and business records

Keywords: search terms

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Hallmark Licensing LLC v. Dickens Inc. (E.D.N.Y., 2018)

Key Insight: Plaintiff and Defendant’s motions to compel are both granted and denied in part

Nature of Case: Trademark rights, and when TM protection ends

Electronic Data Involved: e-mails, telephone call, business documents, the product in question, interrogatories

Keywords: Trademark, trade secrets, modification, proportional, executive

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TrueNorth Cos., LC v. TruNorth Warranty Plans of N. Am. (Northern District of Iowa, 2018)

Key Insight: Protective order barring opposing council from viewing confidential materials denied for being too far

Nature of Case: trademark infringement, unfair competition

Electronic Data Involved: expert information

Keywords: trademark, protective order

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Miller v. Sauberman et al., 2018 NY Slip Op 33142(U) (N.Y. Sup. Ct. Dec. 4, 2018)

Key Insight: When there are conflicting versions of a document, metadata to understand the modifications can be compelled to be produced, even with claimed significant costs

Nature of Case: Medical Malpractice

Electronic Data Involved: Metadata

Keywords: Surgery, colostomy, metadata, Fournier’s gangrene, Village Care

Identified State Rule(s): CPLR 3103

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Jared M. Villery v. Jeffrey Beard, et al., 1:15-cv-00987-DAD-BAM (PC), (California, Eastern District, 2018)

Key Insight: What amounts to good cause to seal relevant evidence from public view

Nature of Case: Civil Rights Action, violation of 8th amendment

Electronic Data Involved: confidential health information and confidential investigatory information obtained from witness interviews

Keywords: HIPPA, seal, confidential health information, good cause

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Eagle Air Med et al v. Sentinel Air Medical Alliance et al (D. Utah, 2018)

Key Insight: ordered forensic examination and sanctions (threatened terminating sanctions) for failure to disclose reconstructed hard drive

Nature of Case: personal injury

Electronic Data Involved: computer files

Keywords: converted motion for sanctions to motion to compel

View Case Opinion

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