Archive: June 2018

1
Bell v. Pension Committee of Ath Holding Co., LLC, No. 1-15-cv-02062-TWP-MPB (S.D. Ind. June 14, 2018)
2
Animal Science Prods., Inc. v. Hebei Welcome Pharmaceutical Co. Ltd., No. 16-1220 (S. Ct. June 14, 2018).
3
Firstsource Solutions USA, LLC v. Tulare Regional Med. Ctr., No. 1:15-cv-01136-DAD-EPG, 2018 WL 2949853 (Eastern District of California , 2018)
4
Curtis v. Progressive N. Ins. Co., No. CIV-17-1076-C (W.D. Okla. June 13, 2018)
5
Epic Games, Inc. v. Mendes (N.D. Cal., 2018)
6
Space Data Corp. v. Google LLC, and others – 16-cv-03260 (Northern District of CA , 2018)
7
In re Accent Delight International, Ltd., Nos. 16-MC-125 / 18-MC (L.-50 (S.D.N.Y. June 11, 2018)
8
Finch v. BASF Catalysts LLC (M.D.N.C., 2018)
9
Singer Oil Co., LLC v. Newfield Exploration Mid-Continent, Inc. (No. CIV-16-768-M (W.D. Okla. June 5, 2018), 2018)

Bell v. Pension Committee of Ath Holding Co., LLC, No. 1-15-cv-02062-TWP-MPB (S.D. Ind. June 14, 2018)

Key Insight: discoverability of Facebook messages

Nature of Case: Breach of fiduciary duty, ERISA

Electronic Data Involved: Facebook private messages, Facebook post

Keywords: 37(a), Facebook, private messaging, relevance, work product doctrine, common interest privilege

View Case Opinion

Animal Science Prods., Inc. v. Hebei Welcome Pharmaceutical Co. Ltd., No. 16-1220 (S. Ct. June 14, 2018).

Key Insight: Foreign Government statements should be weighed by 5 factors. Courts should afford consideration, but are not bound to conclusively accept the statements of foreign governments.

Nature of Case: Price Fixing

Electronic Data Involved: Foreign Government Statement

Keywords: Foreign Law

View Case Opinion

Firstsource Solutions USA, LLC v. Tulare Regional Med. Ctr., No. 1:15-cv-01136-DAD-EPG, 2018 WL 2949853 (Eastern District of California , 2018)

Key Insight: whether a FRCP 56(d) motion will be granted when the moving party, in bad faith, fails to conduct discovery diligently

Nature of Case: breach of contract

Electronic Data Involved: billing records

Keywords: summary judgment; additional discovery

View Case Opinion

Curtis v. Progressive N. Ins. Co., No. CIV-17-1076-C (W.D. Okla. June 13, 2018)

Key Insight: Whether a subpoena for document production is subject to the 100-mile limitation of FRCP 45

Nature of Case: breach of contract, bad faith, unjust enrichment, fraud

Electronic Data Involved: electronic records

Keywords: FRCP 45, 45(c)(2)(A), 100 mile limit, subpoena duces tecum, nonparty production

View Case Opinion

Space Data Corp. v. Google LLC, and others – 16-cv-03260 (Northern District of CA , 2018)

Key Insight: whether specific discovery could be compelled to complete a deposition with no real argument of relevancy

Nature of Case: trade secret infringement

Electronic Data Involved: board minutes discussing third-party litigation funding

Keywords: Third-party litigation funding, board minutes, deposition

View Case Opinion

In re Accent Delight International, Ltd., Nos. 16-MC-125 / 18-MC (L.-50 (S.D.N.Y. June 11, 2018)

Key Insight: Court limited use of foreign materials to those relevant to the case. Only items where respondent involved were allowed.

Nature of Case: Fraud

Electronic Data Involved: Materials used in foreign legal proceedings

Keywords: Foreign Proceedings

View Case Opinion

Singer Oil Co., LLC v. Newfield Exploration Mid-Continent, Inc. (No. CIV-16-768-M (W.D. Okla. June 5, 2018), 2018)

Key Insight: sanctions for failure to produce emails between plaintiff’s counsel and third party in response to discovery requests

Nature of Case: private nuisance, breach of contract

Electronic Data Involved: e-email

Keywords: “obligation to disclose communications between its attorney and third parties”, “proposed sanction is an extremely harsh sanction”, “frequently corresponded by e-mail with numerous third parties”, “privilege log”

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