Archive: August 2018

1
Hayse v. City of Melvindale, No. Civ. A. 17-13294 (E.D. Mich. Aug. 2, 2018)
2
Malone v. Weiss (Eastern District Pennsylvania, 2018)
3
Lopez v. Don Herring Ltd. ( No. 16-CV-2663 (N.D. Tex. Aug. 1, 2018), 2018)
4
Hernandez, et al. v. City of Houston, No. 4:16-CV-3577 (S.D. Tex. Aug. 30, 2018)

Hayse v. City of Melvindale, No. Civ. A. 17-13294 (E.D. Mich. Aug. 2, 2018)

Key Insight: Non-party ESI must be in the possession, custody or control; phone not city owned, no consent given by city official- did not require production; prior phone and service provider required supplemental briefing regarding service provider contractual obligations

Nature of Case: Civil Rights

Electronic Data Involved: Cell Phone/Text Messages

Keywords: text messages, phones, service provider, consent, ownership

View Case Opinion

Malone v. Weiss (Eastern District Pennsylvania, 2018)

Key Insight: Fabricated evidence justified sanction of dismissing case

Nature of Case: fraud, breach of contract

Electronic Data Involved: archived email

Keywords: spoliation, closely held corporation, fabricated emails

View Case Opinion

Lopez v. Don Herring Ltd. ( No. 16-CV-2663 (N.D. Tex. Aug. 1, 2018), 2018)

Key Insight: plaintiff has failed to provide any of the documents or e-mails that purportedly supports his claims and has made boilerplate objections with no further explanations

Nature of Case: Driver’s Privacy Protection Act violation

Electronic Data Involved: e-mails

Keywords: “Lopez only points to what he believes to be his conclusive victory on the ‘knowingly’ requirement”, “Lopez?s boilerplate objections to this interrogatory are overruled”, “Lopez responds that his counsel has already provided Herring with the requested documents described in his initial disclosures”

View Case Opinion

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