Ewing v. Aliera Healthcare (Southern District of California, 2019)
Key Insight: Hanging up on opposing counsel to cut short venting is not sanctionable
Nature of Case: Sanctions
Keywords: Sanctions, venting, hanging up
Incardone v. Royal Caribbean Cruises, Ltd. (S.D. Florida, Miami Division, 2019)
Key Insight: The duty to preserve should be proportional and reasonable, not perfect and absolute.
Nature of Case: Rule 37(e) analysis of the defendant’s actions
Electronic Data Involved: Video Clips, CCTV and VDR
Keywords: Preserve, camera, viewable, “recorded continuously”, CCTV, RCCL
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
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
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
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
In re Everquote, Inc. Securities Litigation (Sup. Ct. N.Y. Cnty., 2019)
Key Insight: automatic discovery stay under Private Securities Litigation Reform Act (PSLRA)
Nature of Case: federal securities class action
Electronic Data Involved: all discovery
Keywords: automatic discovery stay, Private Securities Litigation Reform Act, PSLRA
Crosmun v. Trustees of Fayetteville Technical Community College (N.C. Ct. App., 2019)
Key Insight: whether ESI protocol order directing party to turn over potentially privileged information without chance for review proper
Nature of Case: Retaliation – NC Whistleblower Protection Act
Electronic Data Involved: Backup and deleted records located on work computers and servers
Keywords: privilege; involuntary waiver
Identified State Rule(s): N.C. R. Civ. P. 26(b)
Cox v. Swift Transportation Co. of Arizona, LLC (N.D. Okla., 2019)
Key Insight: whether sanctions are appropriate where data on tracking device subject to automatic deletion which occurred before spoliation notice
Nature of Case: personal injury – vehicle accident
Electronic Data Involved: electronic control module (ECM)
Keywords: tracking device
In Re Dentsply Sirona, Inc. Shareholders Litigation (Supreme Court of NY State, 2019)
Key Insight: Whether the stay of discovery provision can be applied to state court cases.
Nature of Case: Violations of the Securities Act of 1933
Electronic Data Involved: Stay of discovery pending a motion to dismiss
Keywords: stay of discovery, PSLRA, state v. federal court
Identified State Rule(s): PSLRA