Archive: May 2019

1
Washington-St. Tammany Electric Cooperative, Inc. et al v. Louisiana Generating, LLC (M.D. Louisiana, 2019)
2
McLean et al v. United States Conference of Catholic Bishops (D. Minn. , 2019)
3
Universal Standard Inc., v. Target Corporation, et al. (S.D. New York, 2019)
4
Kizer et al v. Starr Indemnity and Liability Co et al (W.D. Okla., 2019)
5
Abbott Laboratories, et al. v. Adelphia Supply USA, et al. (E.D.N.Y., 2019)
6
Dembski v. Clear Rate Communications, Inc. 18-cv-12622 (E.D. Michigan, 2019)

Washington-St. Tammany Electric Cooperative, Inc. et al v. Louisiana Generating, LLC (M.D. Louisiana, 2019)

Key Insight: emails included third parties and were not proven to be attorney client privilege and have been improperly withheld

Nature of Case: Breach of contract

Electronic Data Involved: emails improperly withheld as Attorney-client privilege.

Keywords: Attorney-client privilege, improperly withheld, emails copied to third parties.

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Universal Standard Inc., v. Target Corporation, et al. (S.D. New York, 2019)

Key Insight: privilege was waived because a public relations firm took part in the email exchanges adn they were not identified on the privilege log

Nature of Case: Trademark infringement

Electronic Data Involved: emails that were claimed to be privileged

Keywords: waived privilege, attorney-client privilege, work product, third party communication waiving privilege.

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Kizer et al v. Starr Indemnity and Liability Co et al (W.D. Okla., 2019)

Key Insight: relevant to see if distracted driving but three days worth disproportionate

Nature of Case: personal injury

Electronic Data Involved: cell phone records

Keywords: truck driver’s cell phone activity to see if distracted

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Abbott Laboratories, et al. v. Adelphia Supply USA, et al. (E.D.N.Y., 2019)

Key Insight: whether terminating sanctions are appropriate where party engaged in discovery misconduct, including intentionally limiting search terms to exclude documents

Nature of Case: Trademark, Unfair Competition

Electronic Data Involved: documents

Keywords: sanctions, terminate, discovery misconduct, removed document, fraud on the court

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Dembski v. Clear Rate Communications, Inc. 18-cv-12622 (E.D. Michigan, 2019)

Key Insight: whether discovery should be stayed until after dispositive motions

Nature of Case: violations of the Telephone Consumer Protection Act

Electronic Data Involved: stay of discovery

Keywords: “safe harbor” defense, stay of discovery, dispositive motions

View Case Opinion

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