Archive: February 2020

1
Vaks v. Quinlan, et al. (District of Massachusetts, 2020)
2
Grande v. U.S. Bank National Association, et al (Western District of Washington, 2020)
3
Allscripts Healthcare, LLC v. DR/Decision Resources, LLC d/b/a Decision Resources Group (District of Massachusetts, 2020)
4
Houston v. Southwest Airlines (Northern District of Texas, 2020)
5
White v. Relay Res. & Gen. Servs. Admin. (United States District Court, W.D. Washington, 2020)
6
Taylor v. Kilmer (Northern District of Illionis, 2020)
7
Nevis v. Rideout Memorial Hospital, et al. (Eastern District of California, 2020)
8
Ohio A. Philip Randolph Institute, et al. v. Obhof (6th Circuit, 2020)
9
Digital Mentor, Inc. v. Ovivo USA, LLC (Western District of Washington, 2020)

Vaks v. Quinlan, et al. (District of Massachusetts, 2020)

Key Insight: plaintiff violated the protective order by filing a pleading attaching confidential documents

Nature of Case: employment discrimintation

Electronic Data Involved: confidential documents protected under the protective order

Keywords: protective order, confidentiality

View Case Opinion

Grande v. U.S. Bank National Association, et al (Western District of Washington, 2020)

Key Insight: Defendants here have not described any harm that would result from producing the guidelines and have not sought a protective order, the Court declines to find the documents so confidential that they cannot be produced

Nature of Case: bad faith and fraudulent banking

Electronic Data Involved: general discovery responses, voicemails, loan documents, loan history, and communications

Keywords: fraud, trade secrets, incomplete responses, bad faith

View Case Opinion

Allscripts Healthcare, LLC v. DR/Decision Resources, LLC d/b/a Decision Resources Group (District of Massachusetts, 2020)

Key Insight: enhancement of protective order to ensure heightened confidentiality of one document.

Nature of Case: breach of contract and false and misleading statements

Electronic Data Involved: confidentiality of proprietary aggregate data product

Keywords: protective order, heightened confidentiality

View Case Opinion

Houston v. Southwest Airlines (Northern District of Texas, 2020)

Key Insight: Failure to respond to Interrogatories and Requests for Admissions

Nature of Case: American’s with Disabilities Act

Electronic Data Involved: Hard copy; Discussion logs

Keywords: Sanctions; Attorney’s fees; Bad Faith; Inherent power; Intent

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White v. Relay Res. & Gen. Servs. Admin. (United States District Court, W.D. Washington, 2020)

Key Insight: good faith effort, a reasonable effort to respond must be made, obstructive and dilatory

Nature of Case: employment discrimination

Keywords: vague broad objections, Failing to fully investigate the case is not an excuse from making initial disclosures

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Taylor v. Kilmer (Northern District of Illionis, 2020)

Key Insight: argue that those requests and subpoenas are overly broad

Nature of Case: Motor vehicle accident negligence, personal injury

Electronic Data Involved: medical bills, records, and data for treatment received over a year before incident pertaining to rate of reimbursement

Keywords: subpoena, provider billing structure, medical billing and records, overly broad and burdensome

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Nevis v. Rideout Memorial Hospital, et al. (Eastern District of California, 2020)

Key Insight: Plaintiff was made aware that he had to preserve his phone records and text records and than failed to do so

Nature of Case: personal injury and liability

Electronic Data Involved: plaintiff’s cell phone and text messages

Keywords: spoliation, text messages, phone records, cell phone, preservation

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Ohio A. Philip Randolph Institute, et al. v. Obhof (6th Circuit, 2020)

Key Insight: third parties want the court to investigate all of the people that had access to discovery materials and assure that they are destroyed for fear of future litigation or political liability

Nature of Case: gerrymandering

Electronic Data Involved: discovery that had been produced

Keywords: preserving confidentiality of information, public accessibility

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Digital Mentor, Inc. v. Ovivo USA, LLC (Western District of Washington, 2020)

Key Insight: Failure to produce; Sanctions; Proportionality

Nature of Case: Trademark & Copyright infringement

Electronic Data Involved: Hard copy; correspondence; email

Keywords: “Functional employee”; Consultant; Third-party communications; Privilege; Spoliation; Unfair prejudice; Attorney’s fees and costs; Proportionality; Access/Resources;

View Case Opinion

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