Archive: January 2020

1
Nguyen v. Costco Wholesale Corp. (District of South Florida, 2020)
2
Mannion, et al. v. Ameri-Can Freight Systems Incorporated, et al. (district of AZ, 2020)
3
Rhino Metals, Inc. v. Sturdy Gun Safe, Inc. (District of Idaho, 2020)
4
Slingerland v. Crisp Marketing, LLC (Southern District of Florida, 2020)
5
KCI USA, Inc. v. Healthcare Essentials, Inc., 797 Fed.Appx. 1002 (6th Cir. Jan. 16, 2020).
6
In re WTG Fuels, Inc. (Texas Court of Appeals, 2020)
7
In re Mercedes-Benz Emissions Litig. (District of NJ, 2020)
8
Dorfman v. Albertsons LLC (district of Idaho, 2020)
9
Kamuda v. Sterigenics U.S. LLC (Circuit Court of Cook County Illinois, 2020)
10

Mannion, et al. v. Ameri-Can Freight Systems Incorporated, et al. (district of AZ, 2020)

Key Insight: whether the issue of spoliation could be brought before the jury to decide if evidence was withheld and if that was justified

Nature of Case: personal injury, motor vehicle

Electronic Data Involved: Log books of defendant

Keywords: spoliation, jury instruction, question of law/fact

View Case Opinion

Rhino Metals, Inc. v. Sturdy Gun Safe, Inc. (District of Idaho, 2020)

Key Insight: two reports for different suits, written by the same expert. defendants in those cases subpoenaed each other’s report to get it without confidentiality restrictions

Nature of Case: intellectual property infringement

Electronic Data Involved: expert report deemed confidential

Keywords: subpoena, expert report, confidential, privilege, protective order

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Slingerland v. Crisp Marketing, LLC (Southern District of Florida, 2020)

Key Insight: discovery requests overbroad

Nature of Case: telephone consumer protection act

Electronic Data Involved: general discovery

Keywords: scope of relevant discovery, class action

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KCI USA, Inc. v. Healthcare Essentials, Inc., 797 Fed.Appx. 1002 (6th Cir. Jan. 16, 2020).

Key Insight: Former attorneys sanctioned (firm and individually) for discovery failures during representation. Court determined they had been denied due process and sanctions should not have been imposed.

Nature of Case: Trade Practices, Unfair Competition, Tortious Interference

Electronic Data Involved: Various Items in Discovery

Keywords: discovery sanctions, individual attorneys, due process, notice

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In re WTG Fuels, Inc. (Texas Court of Appeals, 2020)

Key Insight: discovery that is not authorized by law cannot be “untaken”. order that compels discovery beyond that allowed by law is abuse of discretion

Nature of Case: personal injury, property liability

Electronic Data Involved: WTG net worth documentation

Keywords: net worth discovery, abuse of discretion, motion to compel

View Case Opinion

In re Mercedes-Benz Emissions Litig. (District of NJ, 2020)

Key Insight: dispute over search terms meant to identify documents

Nature of Case: environmental litigation

Electronic Data Involved: all discovery, search term protocol

Keywords: search term protocol, predictive coding, technology assisted review,

View Case Opinion

Dorfman v. Albertsons LLC (district of Idaho, 2020)

Key Insight: if a motion to deny a class certification can be granted before discovery

Nature of Case: telemarketing, telephone consumer protection act

Electronic Data Involved: discovery showing common questions for a class certification

Keywords: class certification, rule 23

View Case Opinion

Kamuda v. Sterigenics U.S. LLC (Circuit Court of Cook County Illinois, 2020)

Key Insight: whether a request for a specific format is an undue burden

Nature of Case:

Electronic Data Involved: documents produced in TIFF format versus native format

Keywords: undue burden, TIFF, native, cybersecurity

Identified State Rule(s): 214(b)

View Case Opinion

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