Archive: October 2018

1
Swift Beef Co. v. Alex Lee, Inc., No. 18-0105-EFM-KGG (D. Kan. Oct. 31, 2018)
2
Dunne v. Resource Converting, LLC et al., No. 4:16-cv-01351-DDN (E.D. Mo. Oct. 30, 2018)
3
United States v. Kemp (E.D. Mich., 2018)
4
Entrata v. Yardi Systems (D. Utah, 2018)
5
HM Compounding Servs., LLC v. Express Scripts, Inc., No. 4:14-CV-01858 JAR (E.D. Mo. Oct. 26, 2018)
6
Fuhs v. McLachlan Drilling Co. (W.D. Pa., 2018)
7
Metlife Investors USA Insurance Company v. Lindsey et al., No. 2:16-cv-00097-RL-JEM (N.D. Ind. Oct. 25, 2018)
8
Fish v. Kobach (D. Kan. , 2018)
9
Henson v. Turn (Northern District of California, 2018)
10
d?Amico Dry v. Nikka Finance, Inc. (S.D. Ala., 2018)

Swift Beef Co. v. Alex Lee, Inc., No. 18-0105-EFM-KGG (D. Kan. Oct. 31, 2018)

Key Insight: relevance, proportionality, undue burden, relative access

Nature of Case: contract dispute

Electronic Data Involved: sweeping document request

Keywords: motion to quash, defunct entity, third party subpoena

View Case Opinion

Dunne v. Resource Converting, LLC et al., No. 4:16-cv-01351-DDN (E.D. Mo. Oct. 30, 2018)

Key Insight: Producing illegible, blurry, or documents in an obscure file format may require reproduction of legible versions of the documents and the costs of the motion to compel that production are on the at-fault party

Nature of Case: Contract dispute

Electronic Data Involved: Electronic documents

Keywords: Quality, blurry, black and white, color, mbox

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Entrata v. Yardi Systems (D. Utah, 2018)

Key Insight: objection that requests are not relevant because requesting party’s defense is meritless is sanctionable

Nature of Case: interception of communication, defamation

Electronic Data Involved: email, text messages, calendars

Keywords: improper objection sanctioned

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HM Compounding Servs., LLC v. Express Scripts, Inc., No. 4:14-CV-01858 JAR (E.D. Mo. Oct. 26, 2018)

Key Insight: Plaintiff produced cast majority of document after discovery cutoff. Court ruled that this warranted sanctions and excluded them from using those document, jury instruction , excluded their expert testimony and awarded attorneys fees to defendant.

Nature of Case: Breach of Contract

Electronic Data Involved: Cash Transaction Records

Keywords: Sanctions, production after deadline, expert opinions

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Fuhs v. McLachlan Drilling Co. (W.D. Pa., 2018)

Key Insight: spoliation

Nature of Case: Fair Labor Standards Act, retaliation

Electronic Data Involved: mobile phone data, text messages

Keywords: spoliation, sanctions, preservation, reasonable steps, intent to deprive, negligence

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Henson v. Turn (Northern District of California, 2018)

Key Insight: Direct inspection of mobile devices for specific information (browsing history/cookies) or the full web browsing history/cookies is not proportional to matters regarding a single company’s websites

Nature of Case: Data privacy

Electronic Data Involved: Cookies, internet history

Keywords: zombie cookie, Verizon, respawn, orwellian irony

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d?Amico Dry v. Nikka Finance, Inc. (S.D. Ala., 2018)

Key Insight: With prior notive, any party can specify another method of recording testimony than was in the original notice

Nature of Case: Admiralty action

Electronic Data Involved: Videotaped deposition

Keywords: Protective orders, EU,

View Case Opinion

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