Archive: December 1, 2018

1
King v. Fleming, No. 17-3095 (10th Cir. Aug. 15, 2018)
2
United States v. Tennessee Walking Horse Breeders’ and Exhibitors’ Association, No. 17-5925 (6th Cir. March 8, 2018)
3
Triumph Controls UK Ltd & Anor v. Primus International Holding Co & Ors, [2018] EWHC 176 (TCC)
4
The Physicians Alliance Corporation v. Wellcare Health Insurance of Arizona, Inc, et al., No. 3:16-cv-00203-SDD-RLB (M.D. La. Feb. 27, 2018)
5
Steves and Sons, Inc. v. JELD-WEN, Inc., No. 3:16-cv-00545-REP (E.D. Va. May 1, 2018)
6
Motorola Solutions, Inc. v. Hytera Communications Corp., No. 1:17-cv-01973 (N.D. Ill. May 17, 2018)
7
In re Modern Plastics Corp. v. New Products Corp., No. 17-2256 (6th Cir. Apr. 26, 2018)
8
In Re Domestic Airline Travel Antitrust Litigation, MDL Docket No. 2656, Misc. No. 15-1404 (CKK) (D.D.C. Sept. 13, 2018)
9
Epac Technologies, Inc. v. HarperCollins Christian Publishing, Inc., f/k/a Thomas Nelson, Inc., No. 3:12-cv-00463 (M.D. Tenn. March 29, 2018)
10
De Simone v. VSL Pharms., Inc., No. 8:15-cv-01356-TDC (D. Md. March 16, 2018)

United States v. Tennessee Walking Horse Breeders’ and Exhibitors’ Association, No. 17-5925 (6th Cir. March 8, 2018)

Key Insight: Provide only the information requested, especially if it is simple database records, additional work will not be compensated

Nature of Case: Horse Protection Act

Electronic Data Involved: Database records

Triumph Controls UK Ltd & Anor v. Primus International Holding Co & Ors, [2018] EWHC 176 (TCC)

Key Insight: Reduction of file search space can be proportional, use of CAR should be well documented and disclosed to opposing counsel

Nature of Case: Business M&A

Electronic Data Involved: Electronic records searched through computer assisted review (CAR)

View Case Opinion

The Physicians Alliance Corporation v. Wellcare Health Insurance of Arizona, Inc, et al., No. 3:16-cv-00203-SDD-RLB (M.D. La. Feb. 27, 2018)

Key Insight: Discovery costs must be proportional to the amount in controversy ($20 million in dispute allows for at least $13,000 in discovery costs)

Nature of Case: Contract breach

Electronic Data Involved: Electronic documents/communications

In Re Domestic Airline Travel Antitrust Litigation, MDL Docket No. 2656, Misc. No. 15-1404 (CKK) (D.D.C. Sept. 13, 2018)

Key Insight: Motion for Extension of Time to Complete Discovery, unforeseen or unanticipated matters.

Nature of Case: Unlawful restraint of trade class action

Electronic Data Involved: 3.5 million predominantly non-responsive documents produced by defendant, predictive coding.

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Epac Technologies, Inc. v. HarperCollins Christian Publishing, Inc., f/k/a Thomas Nelson, Inc., No. 3:12-cv-00463 (M.D. Tenn. March 29, 2018)

Key Insight: Gross negligence does not necessarily prove intent on loss of electronic documents

Nature of Case: Contract

Electronic Data Involved: Warehouse data, e-mails

View Case Opinion

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