Archive: June 2019

1
Univ. Accounting Serv., LLC v. Schulton, No. 3:18-cv-1486-SI (D. Or. June 7, 2019)
2
Simmons v. Safeway, Inc., No. 3:18-cv-5522 RJB (W.D. Wash. June 5, 2019).
3
Strough v. General Motors, LLC (District of Colorado, 2019)

Univ. Accounting Serv., LLC v. Schulton, No. 3:18-cv-1486-SI (D. Or. June 7, 2019)

Key Insight: Plaintiff’s motion for terminating spoliation sanctions granted in part, with a permissive inference spoliation jury instruction.

Nature of Case: Dispute over a software platform

Electronic Data Involved: Exported ScholarChip email account to “One Drive” clouds storage and saved copy on defendant’s personal computer.

Keywords: spoliation, permissive inference, intent to deprive

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Simmons v. Safeway, Inc., No. 3:18-cv-5522 RJB (W.D. Wash. June 5, 2019).

Key Insight: Handwritten notes by Plaintiff had been produced. Plaintiff used attorney typed version to refresh memory before deposition. Court ordered production of typed notes.

Nature of Case: Employment Discrimination

Electronic Data Involved: Typed version of handwritten notes

Keywords: recollection refresh; deposition; privilege; work product

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Strough v. General Motors, LLC (District of Colorado, 2019)

Key Insight: protective order without a sharing provision is unfair to future similarily situated plaintiffs.

Nature of Case: product liability

Electronic Data Involved: All relevant discovery

Keywords: protective order, sharing provision, class action, similarly situated plaintiff

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