Archive: July 2018

1
Shannon v. Honeywell Federal Manufacturing and Technologies, LLC, No. 14-CV-00787 (W.D. Mo. July 20, 2018)
2
Satmodo, LLC v. Whenever Communications, LLC, 3:17-cv-192-AJB-NLS (S.D. Cal. July 20, 2018)
3
AbbVie Inc. v. Boehringer Ingelheim International GMBH (D. Del., 2018)
4
Bradley v. County of San Joaquin (No. 17-cv-02313 (E.D. Cal. July 13, 2018), 2018)
5
U.S. et al v. Supervalu, Inc. et al, No. 3:11-cv-03290-RM-TSH (C.D. Ill. July 12, 2018)
6
Philpot v. LM Communs. II of S.C., Inc. (E.D. Ky., 2018)
7
New Falls Corp. v. Soni, No. 16-cv-6805 (ADS) (AKT) (E.D.N.Y. July 5, 2018)
8
In re Application of HANSAIN VEST Hanseatische Investment-GmbH in respect of the Fund Aramea Rendite Plus; Trinity Investments Designated Activity Company (S.D. New York, 2018)
9
Clientron Corp. v. Devon IT, Inc., 894 F.3d 568 (3d Cir. 2018)
10
Polaris Indus. v. Arctic Cat (Minnesota District, 2018)

Shannon v. Honeywell Federal Manufacturing and Technologies, LLC, No. 14-CV-00787 (W.D. Mo. July 20, 2018)

Key Insight: search terms, proportionality

Nature of Case: employment discrimination

Electronic Data Involved: electronic records

Keywords: search terms, boolean connectors

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Bradley v. County of San Joaquin (No. 17-cv-02313 (E.D. Cal. July 13, 2018), 2018)

Key Insight: whether plaintiffs had met their burden to show that adequate meet and confer discussions took place prior to filing their motion to compel.

Nature of Case: 1983 Civil Rights Act claim

Electronic Data Involved: unspecified ESI

Keywords: “The burden of ensuring that proper meet and confer discussions take place is on the moving party”, plaintiffs did not make the necessary efforts to meet and confer”, “Plaintiffs were plainly deficient in their efforts”

Identified Local Court Rule(s): E.D. Cal. R. 251(b)

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U.S. et al v. Supervalu, Inc. et al, No. 3:11-cv-03290-RM-TSH (C.D. Ill. July 12, 2018)

Key Insight: Poor compliance of discovery, including destruction of a computer, does not imply bad faith for sanctions

Nature of Case: False Claims Act

Electronic Data Involved: Electronic notes of conversations

Keywords: Spoliation, defraud, healthcare, pharmacy, prescription

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New Falls Corp. v. Soni, No. 16-cv-6805 (ADS) (AKT) (E.D.N.Y. July 5, 2018)

Key Insight: production of ESI that party lacks possession of

Nature of Case: breach of contract

Electronic Data Involved: flash drive

Keywords: possession, relevance, custody, control, cost shifting, 34(a), non-party

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In re Application of HANSAIN VEST Hanseatische Investment-GmbH in respect of the Fund Aramea Rendite Plus; Trinity Investments Designated Activity Company (S.D. New York, 2018)

Key Insight: Whether US based discovery can be used in a foreign proceeding

Nature of Case: 28 U.S.C. 1782 request for US based Discovery to be used in a foreign proceeding

Electronic Data Involved: Business documents

Keywords: US based discovery, foreign proceeding, serve document subpoenas

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Clientron Corp. v. Devon IT, Inc., 894 F.3d 568 (3d Cir. 2018)

Key Insight: discovery misconduct sanctions

Nature of Case: breach of contract

Electronic Data Involved: electronic documents

Keywords: 37(b), pierce the corporate veil, alter ego liability, abuse of discretion

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Polaris Indus. v. Arctic Cat (Minnesota District, 2018)

Key Insight: After later learning the theory recovering lost profits is based on, parties must rely on documents produced during discovery

Nature of Case: patent infringement

Electronic Data Involved: Documents

Keywords: recovering lost profits, inexorable-flow theory damages, scope of discovery

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