Archive: April 2019

1
Flynn v. FCA US LLC (S.D. Ill., 2019)
2
Drive Time Car Sales Company, LLC v. Pettigrew (Southern District of Ohio, 2019)
3
Advanced Physicians, S.C. v. Connecticut Gen. Life Ins. Co. (Northern District of Texas, 2019)
4
In re CA Investment (Brazil) S.A (District of Minnesota, 2019)
5
Siemers v. BNSF Railway Co. (D. Neb., 2019)
6
Ice Cube Building, LLC v. Scottsdale Insurance Company (D. Conn., 2019)
7
ICTSI Oregon, Inc. v. International Longshore and Warehouse Union (District of Oregon, 2019)
8
Dulcich Inc. v. USI Insurance Services National, Inc., No. 18-cv-01089 (D. Ore, 2019)

Flynn v. FCA US LLC (S.D. Ill., 2019)

Key Insight: Scope of discovery, speculation about communications is not sufficient to compel discovery.

Nature of Case: Class action product-defect: design flaw

Electronic Data Involved: Reports and communications re reports

Keywords: Privity, Speculation, Overbroad

View Case Opinion

Drive Time Car Sales Company, LLC v. Pettigrew (Southern District of Ohio, 2019)

Key Insight: Without intent, adverse inference cannot be granted in spoliation of evidence but lesser sanctions still can

Nature of Case: Wrongful termination,

Electronic Data Involved: Text messages

Keywords: duty to preserve, auction, preowned vehicles

View Case Opinion

Advanced Physicians, S.C. v. Connecticut Gen. Life Ins. Co. (Northern District of Texas, 2019)

Key Insight: Third party assignee of rights does not automatically include rights to the fiduciary exception to attorney-client privilege.

Nature of Case: ERISA

Electronic Data Involved: Electronic documents generally (privileged)

Keywords: attorney-client privilege, fiduciary duty, ERISA

View Case Opinion

In re CA Investment (Brazil) S.A (District of Minnesota, 2019)

Key Insight: Foreign corporation can seek discovery of American party to be used in foreign court if its narrowly tailored

Nature of Case: corporate share agreements, corporate ownership international

Electronic Data Involved: documents (generally)

Keywords: foreign proceedings, corporate ownership, discovery, foreign corporation

View Case Opinion

Siemers v. BNSF Railway Co. (D. Neb., 2019)

Key Insight: whether plaintiff was required to turn over subpoenaed phone records (without content)

Nature of Case: Federal Employers Liability Act (FELA)

Electronic Data Involved: telephone records

Keywords: subpoena, privacy, phone records, overbroad

View Case Opinion

ICTSI Oregon, Inc. v. International Longshore and Warehouse Union (District of Oregon, 2019)

Key Insight: Witness deposition on electronic discovery must have “painstaking specificity” on the particular subject areas that are intended to be questioned.

Nature of Case: Labor-Management Relations Act (secondary boycott activities)

Electronic Data Involved: Notebooks and calendars

Keywords: Sanctions, union,

View Case Opinion

Dulcich Inc. v. USI Insurance Services National, Inc., No. 18-cv-01089 (D. Ore, 2019)

Key Insight: The attorney-client privilege for legal invoices is implicitly waived when those invoices are the primary form of direct evidence for the lawsuit.

Nature of Case: recovery of attorney costs incurred in prior suit

Electronic Data Involved: legal invoices

Keywords: legal invoices, implicit waiver

View Case Opinion

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