Archive: January 2018

1
Wesley Corporation, et al., v. Zoom T.V. Products, LLC, et al., No. 2:17-cv-10021-RHC-SDD (E.D. Mich. Jan. 11, 2018)
2
White v. U.S., No. 4:15-cv-01252-SNLJ (E.D. Mo. Jan. 9, 2018)
3
Apex Mort. Corp. v. Great N. Ins. Co., No, 17 C 3376 (N.D. Ill. Jan. 9, 2018)
4
Tsanacas v. Amazon.com, Inc., No. 17-CV-00306 (E.D. Tex. Jan. 8, 2018).
5
Allstate Insurance Co. v. Papanek (No. 3:15-cv-240, 2018 (S.D. Ohio Jan. 5, 2018), 2018)
6
Landry v. Swire Oilfield Servs. (New Mexico District Court, 2018)
7
GN Netcom, Inc. v. Plantronics, Inc., No. 12-1318, 2018 WL 273649 (D. Del. Jan. 3, 2018)
8
Firefighter’s Retirement System, et al, v. Citco Group Limited, et al., No. 3:13-cv-00373-SDD-EWD (M.D. La. Jan. 3, 2018)
9
Par Pharm., Inc. v. Express Scripts Specialty Distribution Servs., Inc., No. 4:17MC510 RLW, 2018 WL 264840 (E.D. Mo. Jan. 2, 2018)
10
Industrial Quick Search v. Miller (S.D.N.y, 2018)

Wesley Corporation, et al., v. Zoom T.V. Products, LLC, et al., No. 2:17-cv-10021-RHC-SDD (E.D. Mich. Jan. 11, 2018)

Key Insight: Boilerplate objections to discovery requests can lead to sanctions without being specifically tailored to the request

Nature of Case: Intellectual Property (patent and trademark infringement), breach of contract

Electronic Data Involved: Electronic data

Keywords: boilerplate, obstructionism, objections

View Case Opinion

Apex Mort. Corp. v. Great N. Ins. Co., No, 17 C 3376 (N.D. Ill. Jan. 9, 2018)

Key Insight: Court narrowed scope of some plaintiff requests and ordered defendant to clarify privilege claims on withheld documents

Nature of Case: bad faith; insurance coverage

Electronic Data Involved: claims file of insurer

Keywords: privilege; responsiveness

View Case Opinion

Tsanacas v. Amazon.com, Inc., No. 17-CV-00306 (E.D. Tex. Jan. 8, 2018).

Key Insight: Boilerplate objections were not enough to determine that requests were overly burdensome. Defendant needed to specify so court could determine.

Nature of Case: Privacy Rights, Stored Communications Act, Computer Fraud and Abuse Act

Electronic Data Involved: Amazon Account

Keywords: burdensome, boilerplate objections

View Case Opinion

Allstate Insurance Co. v. Papanek (No. 3:15-cv-240, 2018 (S.D. Ohio Jan. 5, 2018), 2018)

Key Insight: whether there was accessibility problems or undue burden or cost associated with turning over phones and computers for forensic imaging; also, whether it was sufficient to have plaintiff’s employee’s conduct a search for responsive ESI

Nature of Case: breach of contract, tortious interference

Electronic Data Involved: e-mails, phone messages, physical computers and cellphones and their data

Keywords: “former business relationship”, “information may be discoverable even if not ultimately admissible into evidence”, “Allstate, however, agreed to produce responsive information within its custody”

View Case Opinion

Landry v. Swire Oilfield Servs. (New Mexico District Court, 2018)

Key Insight: Courts should be less involved in discovery dispute regarding ESI despite recent FRCP amendments

Nature of Case: Labor Standards Class Action

Electronic Data Involved: third party electronic payroll data

Keywords: FRCP 2015 amendments, electronically readable fomat

View Case Opinion

GN Netcom, Inc. v. Plantronics, Inc., No. 12-1318, 2018 WL 273649 (D. Del. Jan. 3, 2018)

Key Insight: former employee of defendant ordered coworkers to delete case critical emails, even after litigation hold.

Nature of Case: antitrust, Sherman Act

Electronic Data Involved: email

Keywords: 5 million dollar fee award, clear intent, spoliation, litigation hold, permissive adverse inference.

View Case Opinion

Firefighter’s Retirement System, et al, v. Citco Group Limited, et al., No. 3:13-cv-00373-SDD-EWD (M.D. La. Jan. 3, 2018)

Key Insight: Mass email to all employees of a company asking for information is not proportional, especially when custodians and search terms have already been established

Nature of Case: Securities (retirement fund investment loss)

Electronic Data Involved: Electronic documents, emails

Keywords: discovery, mass email, proportional, retirement,

View Case Opinion

Par Pharm., Inc. v. Express Scripts Specialty Distribution Servs., Inc., No. 4:17MC510 RLW, 2018 WL 264840 (E.D. Mo. Jan. 2, 2018)

Key Insight: motion to compel production of documents including confidential patient information

Nature of Case: patent infringement

Electronic Data Involved: database maintained by non-party

Keywords: undue burden and expense on a non-party, subpoena duces tecum

View Case Opinion

Industrial Quick Search v. Miller (S.D.N.y, 2018)

Key Insight: adequacy of attorney oversight of document production and failure to issue litigation hold

Nature of Case: legal malpractice, breach of contract

Electronic Data Involved: hard copy

Keywords: oral litigation hold, retention policy, spoliation, default judgment, compliance oversight

View Case Opinion

Copyright © 2022, K&L Gates LLP. All Rights Reserved.