Archive: August 7, 2019

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Wilmoth v. Murphy (District Court of Western District of Arkansas, 2019)
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Wilmoth v. Deputy Austin Murphy (W.D. Ark., 2019)
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Pentel v. Shepard, No. 18-cv-1447 (NEB/TNL) (D. Minn. Aug. 7, 2019).
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Pentel et al v. Shepard et al (D. Minn., 2019)
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In re Everquote, Inc. Securities Litigation (Sup. Ct. N.Y. Cnty., 2019)

Wilmoth v. Murphy (District Court of Western District of Arkansas, 2019)

Key Insight: whether the defendant took reasonable steps to preserve the relevant evidence and whether the defendant?s actions in this case support a finding that the defendant acted with the intent to deprive another party of the information?s use in the litigation

Nature of Case: personal injury

Electronic Data Involved: deleted photographs

Keywords: sand, egregious

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Wilmoth v. Deputy Austin Murphy (W.D. Ark., 2019)

Key Insight: whether negative inference warranted where pictures taken on personal cell phone pursuant to protocol which became lost or destroyed

Nature of Case: excessive force – prison

Electronic Data Involved: cell phone pictures

Keywords: work image on personal cell phone

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Pentel v. Shepard, No. 18-cv-1447 (NEB/TNL) (D. Minn. Aug. 7, 2019).

Key Insight: Plaintiff requested access records to determine potential class members. Court denied as unduly burdensome to non-party and unlikely to produce relevant information.

Nature of Case: Privacy

Electronic Data Involved: Driver License Database Access Records

Keywords: access records, non-party, burden

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Pentel et al v. Shepard et al (D. Minn., 2019)

Key Insight: audit returns requested not proportional since massive burden to non-party

Nature of Case: Driver’s Privacy Protection Act

Electronic Data Involved: LEMS audit returns

Keywords: judge warns of sanctions

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