Archive: May 2018

1
Nunes v. Rushton, No. 2:14-cv-00627-JNP (D. Utah May 14, 2018)
2
Fox v. Steepwater (D. Utah, 2018)
3
Elliott-Thomas v. Smith, 154 Ohio St.3d 11, 2018-Ohio-1783 (2018).
4
Delago v. Tarabochia (No. C17-1822RSL (W.D. Wash. May 4, 2018), 2018)
5
In re Modern Plastics Corp (U.S. Ct. App. Sixth Cir., 2018)
6
Brewer v. BNSF (D. Mont., 2018)
7
Steves and Sons, Inc. v. JELD-WEN, Inc. (Eastern District of Virginia, 2018)

Nunes v. Rushton, No. 2:14-cv-00627-JNP (D. Utah May 14, 2018)

Key Insight: Intentional deletion of accounts does not lead to prejudice if the data is still accessible, but does lead to an adverse inference when the data is not

Nature of Case: Copyright infringement

Electronic Data Involved: “sock puppet” accounts and related data

Keywords: Sock puppet accounts, adverse inference, spoliation sanctions

View Case Opinion

Delago v. Tarabochia (No. C17-1822RSL (W.D. Wash. May 4, 2018), 2018)

Key Insight: whether certain ESI production requests relating to ESI created both before and after a personal injury incident are proportional to the needs of the case

Nature of Case: personal injury, Jones Act

Electronic Data Involved: text messages, call logs, roaming data logs, phone account information, credit card transaction history, bank account transaction history

Keywords: “defendants are fishing”, ” balance of the benefits and burdens of these post-incident discovery requests are not in defendants’ favor”, “wheelhouse”

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In re Modern Plastics Corp (U.S. Ct. App. Sixth Cir., 2018)

Key Insight: Attorney’s fees for unduly burdensome third party subpoenas are compensated

Nature of Case: Trusts and estates

Electronic Data Involved: Emails

Keywords: third party, subpoena, attorney’s fees, reimbursement, cost shifting

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Brewer v. BNSF (D. Mont., 2018)

Key Insight: A ruling of prejudice requires specificity as to documents. Intent is required for 37(3) sanctions, but courts can reserve the right to impose a lesser sanction after seeing hope evidence is presented at trial.

Nature of Case: Employment dispute

Electronic Data Involved: e-mails

Keywords: Spoliation sanctions, prejudice, specificity

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Steves and Sons, Inc. v. JELD-WEN, Inc. (Eastern District of Virginia, 2018)

Key Insight: Spoliation sanctions must remedy the harm caused by the loss, and if documents are produced there is little loss

Nature of Case: Intellectual Property (Trade secrets)

Electronic Data Involved: E-mail

Keywords: Spoliation, sanctions

View Case Opinion

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