Archive: September 2019

1
Cruz v. G-Star Inc., No. 17 Civ. 7685 (PGG) (S.D.N.Y. Sept. 30, 2019)
2
Brave Law Firm, LLC v. Truck Accident Lawyers Group, Inc., No. 17-1156-EFM (D. Kan. Sept. 20, 2019).
3
Saulsberry v. Savannah River Remediation, LLC, (D. S.C., 2019)
4
In re Application to Obtain Discovery for Use in Foreign Proceedings (6th Circuit, 2019)
5
Abdul Latif Jameel Transportation Company Limited v. FedEx Corporation, No. 19-5315 (US Court of Appeals 6th Circuit. , 2019)
6
Ad Astra Recovery Services, Inc. v. Heath et al (D. Kan., 2019)
7
Wolff v. United Airlines, Inc., No. 1:18-cv-00591-RM-SKC (D. Colo. Sep. 17, 2019).
8
Stone Brewing Co., LLC v. MillerCoors LLC (Southern District of California, 2019)
9
Williams v. American College of Education, Inc. (Northern District of Illinois, 2019)
10
Shim-Larkin v. City of New York, 16-CV-6099 (S.D.N.Y. Sept. 16, 2019)

Cruz v. G-Star Inc., No. 17 Civ. 7685 (PGG) (S.D.N.Y. Sept. 30, 2019)

Key Insight: Plaintiff never articulated claims that would make reasonable person believe lawsuit was likely. No duty to preserve had yet attached when Plaintiff when to HR.

Nature of Case: Discrimination

Electronic Data Involved: emails and SAP account

Keywords: Imminent litigation; adverse inference

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Brave Law Firm, LLC v. Truck Accident Lawyers Group, Inc., No. 17-1156-EFM (D. Kan. Sept. 20, 2019).

Key Insight: Sanctions granted for first claiming withholding all responsive documents, then claiming there were no responsive documents. Protective Order violated by using information obtained under protective order to locate public information.

Nature of Case: false advertising/trademark infringement

Electronic Data Involved: Document related to claimed settlement achieved

Keywords: privilege, sanctions

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Abdul Latif Jameel Transportation Company Limited v. FedEx Corporation, No. 19-5315 (US Court of Appeals 6th Circuit. , 2019)

Key Insight: Whether the private arbitration panel in this case is considered a “foreign or international tribunal” and therefore whether discovery may be ordered under section 1782(a)

Nature of Case: contract dispute, application for arbitration discovery

Electronic Data Involved: arbitration discovery and “foreign or international tribunal”

Keywords: arbitration, ordered discovery, “foreign or international tribunal”

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Ad Astra Recovery Services, Inc. v. Heath et al (D. Kan., 2019)

Key Insight: ordered to produce a sample of 10 calls chosen by requesting party to see if information duplicative

Nature of Case: RICO

Electronic Data Involved: audio recordings of phone calls

Keywords: credit collector sues firm representing debtors

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Wolff v. United Airlines, Inc., No. 1:18-cv-00591-RM-SKC (D. Colo. Sep. 17, 2019).

Key Insight: Both sides moved for spoliation sanctions. Court was troubled by failure to suspend automatic deletion and loss of personal cell phone, but imposed no sanctions.

Nature of Case: Employee Termination/Discrimination

Electronic Data Involved: cell phones, company computer, notebooks

Keywords: spoliation; sanctions; automatic deletion

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Stone Brewing Co., LLC v. MillerCoors LLC (Southern District of California, 2019)

Key Insight: Requests for Production; marketing materials; Unreasonably cumulative or duplicative

Nature of Case: Trademark Infringement

Electronic Data Involved: Hard copy; Historical records; on-site inspection; Marketing materials (documents, recordings, video, displays, etc.)

Keywords: Discovery violations; adequacy of discovery responses; Vague/overbroad/burdensome/ not calculated to lead to discovery of documents relevant to claims or defenses; proportionality; access; costs/Attorney’s fees; resources; “Senior user”; Cherrypicking; Evidentiary preclusion; Court order; Representative samples

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Williams v. American College of Education, Inc. (Northern District of Illinois, 2019)

Key Insight: whether the party acted willfully in destroying electronic information by installing a new operating system to his remote access computer

Nature of Case: employment discrimination and retaliation

Electronic Data Involved: destroyed electronically stored information

Keywords: spoliation, updating operating system, electronically stored information

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Shim-Larkin v. City of New York, 16-CV-6099 (S.D.N.Y. Sept. 16, 2019)

Key Insight: The obligation to preserve evidence in a workplace discrimination suit can extend to personal devices known to contain relevant material.

Nature of Case: workplace discrimination

Electronic Data Involved: text messages

Keywords: personal device, text message, obligation to preserve

View Case Opinion

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