Archive: April 2018

1
Mitchell v. Capitol Records, LLC, No. 3:15-CV-00174-JHM (W.D. Ky. Apr. 30, 2018).
2
Heggen v. Maxim Healthcare Servs., Inc., No. 1:16-cv-00440-TLS-SLC (N.D. Ind. April 27, 2018)
3
Brown v. Wal-Mart Store (Northern District California, San Jose Division, 2018)
4
In re Morning Song Bird Food Litigation (S.D. Ind., 2018)
5
In re Volkswagen “Clean Diesel” MDL, No. 15-MD-2672-CRB (JSC) (N.D. Cal. Apr. 24, 2018).
6
Kreuze v. VCA Animal Hospitals, Inc. et al., No. 8:17-cv-01169-PJM (D. Md. Apr. 20, 2018)
7
Biaggi & Biaggi, P.S.C. v. Federal Deposit Insurance Corporation, FDIC (D. P.R., 2018)
8
Manufacturing Automation v. Hughes (California, Central District, 2018)
9
DNC Parks & Resorts at Yosemite, Inc. v. United States (Fed. Cl. , 2018)
10
Cen Com, Inc. v. Numerex Corp. (W.D. Wash., 2018)

Mitchell v. Capitol Records, LLC, No. 3:15-CV-00174-JHM (W.D. Ky. Apr. 30, 2018).

Key Insight: Boilerplate objections did not allow court to determine and defendants ordered to produce all documents withheld on basis of boilerplate objections.

Nature of Case: Copyright infringement

Electronic Data Involved: Financial Records, Responses to Questions

Keywords: boilerplate objections

View Case Opinion

Heggen v. Maxim Healthcare Servs., Inc., No. 1:16-cv-00440-TLS-SLC (N.D. Ind. April 27, 2018)

Key Insight: Plaintiff performed “factory reset” on phone, deleting videos; Plaintiff had sent to EEOC, but could not produce e-mail; Was not enough for sanction of dismissal

Nature of Case: Employment Discrimination

Electronic Data Involved: Cell Phone Video

Keywords: Negligent Spoilation; Perjury; Sanctions

View Case Opinion

Brown v. Wal-Mart Store (Northern District California, San Jose Division, 2018)

Key Insight: A party’s late disclosure of evidence (while using it as the basis of their own expert opinion) justifies exclusion of that evidence

Nature of Case: Certified class action

Electronic Data Involved: audiovisual recordings, data logs

Keywords: late disclosure, exclusion sanctions, expert discovery cutoff, fact discovery, untimeliness

View Case Opinion

In re Morning Song Bird Food Litigation (S.D. Ind., 2018)

Key Insight: Non-party status is significant factor in proportionality analysis, must demonstrate ‘significant expense’ before receiving protection

Nature of Case: Racketeering, Consumer Protection

Electronic Data Involved: Deposition

Keywords: Deposition, transfer, removal, proportionality

View Case Opinion

In re Volkswagen “Clean Diesel” MDL, No. 15-MD-2672-CRB (JSC) (N.D. Cal. Apr. 24, 2018).

Key Insight: Car dealers had requested all records produced to government agencies. Court ruled that was too broad and should make more specific requests for production.

Nature of Case: Fraud

Electronic Data Involved: Documents produced to government agencies

Keywords: Reasonable particularity, subject-matter-specific-requests, scope

View Case Opinion

Biaggi & Biaggi, P.S.C. v. Federal Deposit Insurance Corporation, FDIC (D. P.R., 2018)

Key Insight: Plaintiffs were trying to provide invoices that should have been part of their initial disclosures months after the deadline with no proof of good reasoning for it being late.

Nature of Case: unpaid attorneys fees, breach of contract

Electronic Data Involved: Untimely produced evidence

Keywords: untimely, disclosures, late discovery

View Case Opinion

Manufacturing Automation v. Hughes (California, Central District, 2018)

Key Insight: Terminating sanctions for alleged email spoliation is premature without compelling the documents 1st

Nature of Case: copyright infringement

Electronic Data Involved: deleted emails

Keywords: software copyright, accelerated email retention policy, terminating sanctions

View Case Opinion

DNC Parks & Resorts at Yosemite, Inc. v. United States (Fed. Cl. , 2018)

Key Insight: whether the US could discover communications and documents regarding a non-testifying expert’s valuation of IP in question

Nature of Case: intellectual property (IP)

Electronic Data Involved: e-mail, documents

Keywords: non-testifying expert

Identified Local Court Rule(s): RCFC 26(c); RCFC 45(d)(3)

View Case Opinion

Cen Com, Inc. v. Numerex Corp. (W.D. Wash., 2018)

Key Insight: relevance of search terms, proportionality

Nature of Case: breach of contract, trade secrets

Keywords: sanctions, motion to compel, search terms, third-party subpoenas, personal capacity, proportionality, attorney’s fees, current version, pending motion for protective order

View Case Opinion

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