Archive: March 6, 2019

1
Commonwealth v. Jones, SJC-12564 (Mass. Mar. 6, 2019)
2
Rubury v. Ford Motor Co. (New Jersey, 2019)
3
Equal Employment Opportunity Commission v. Performance Food Grp., No CCB-13-1712 (D. Md. Mar. 6, 2019)

Commonwealth v. Jones, SJC-12564 (Mass. Mar. 6, 2019)

Key Insight: Whether compelling the defendant to enter his cell phone password would violate his privilege against self incrimination under 5th Amendment and art. 12 of Mass Declaration of Rights

Nature of Case: Trafficking a person for sexual servitude

Electronic Data Involved: data held on cell phone

Keywords: Cell phone password, 5th Amendment

Identified State Rule(s): Mass. art. 12.

Identified Federal Rule(s): 5th Amendment

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Rubury v. Ford Motor Co. (New Jersey, 2019)

Key Insight: Counsel has no duty to inform opposing counsel to preserve evidence that would be beneficial to opposing counsel’s claims

Nature of Case: Product liability

Electronic Data Involved: Airbag data (RCM)

Keywords: Ford, airbag, dismissed, spoliation

Identified State Rule(s): Rule 4:6-2(e)

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Equal Employment Opportunity Commission v. Performance Food Grp., No CCB-13-1712 (D. Md. Mar. 6, 2019)

Key Insight: ESI protocol agreed to by parties precluded EEOC from arguing other tapes were spoiled since Defendant complied with protocol.

Nature of Case: Employment Discrimination

Electronic Data Involved: E-mails and Documents regarding employee hotline

Keywords: Spoilation; Agreements between Parties

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