Archive: March 2020

1
Lundine v. Gates Corp. (D. Kan. 2020)
2
In re Fluor Intercontinental, Inc., 803 Fed.Appx. 697 (4th Cir. Mar. 25, 2020)
3
Simpson v. J.L. Guess et al. (Middle District of Florida, 2020)
4
Noah’s Wholesale, LLC v. Covington Specialty Insurance Co. (S.D. Fla. 2020)
5
Noahs Wholesale, LLC v. Covington Specialty Insurance Co. (Southern District of Florida, 2020)
6
U.S. v. Morgan (Western District of New York, 2020)
7
Rodriguez-Ruiz v. Microsoft Operations Puerto Rico (District of Puerto Rico, 2020)
8
IN RE: Bard IVC Filters Products Liability Litigation (D. Arizona, 2020)
9
Shelton v. Fast Advance Funding, LLC (3rd Circuit, 2020)

In re Fluor Intercontinental, Inc., 803 Fed.Appx. 697 (4th Cir. Mar. 25, 2020)

Key Insight: Disclosure of summary of internal investigation did not waive privilege of underlying documents. Waiver not inferred simply because of disclosure of materials on same topic.

Nature of Case: employment dispute

Electronic Data Involved: internal investigation files

Keywords: waiver, privilege

View Case Opinion

Simpson v. J.L. Guess et al. (Middle District of Florida, 2020)

Key Insight: Proportionality need for records not related to the claim; Relevance; Access to records; Parties resources; Whether the burden or expense of the proposed discovery outweighs it’s likely benefit

Nature of Case: Prisoner Pro Se – Unconstitutional use of excessive force by corrections officers

Electronic Data Involved: Hard copy (discipline records/ Mail logs); collection

Keywords: Compel; Sanctions; Declaration of counsel; Malicious and sadistic purpose to inflict harm; State of Mind; Veracity; narrowed requests; meet and confer;

View Case Opinion

Noah’s Wholesale, LLC v. Covington Specialty Insurance Co. (S.D. Fla. 2020)

Key Insight: The work product doctrine applies when litigation is reasonably foreseeable. Generally, litigation is anticipated when an insurance claim is denied. Here, the lawsuit was filed before the claim was formally denied, but after Defendant began investigating the legitimacy of the claim and evaluating potential defenses and exemptions. Defendant argues litigation was anticipated immediately upon receipt of Plaintiff’s insurance claim. Plaintiff contends that litigation was not anticipated until the lawsuit was filed. The Court disagreed with both positions. After the insurance claim was filed, the primary purpose of the documents created was to gather information to evaluate the claim not in anticipation of litigation. The Court found that litigation was reasonably anticipated when Plaintiff informed Defendant he had retained counsel. Defendant responded to the notification as if litigation were imminent. All documents created from that point forward were created in anticipation of litigation. As such, those documents are protected work product.

Nature of Case: Insurance Claim, Theft of business property

Electronic Data Involved: Business Records, Insurance Claim File

Case Summary

Noahs Wholesale, LLC v. Covington Specialty Insurance Co. (Southern District of Florida, 2020)

Key Insight: when work product doctrine comes into play

Nature of Case: theft of business property insurance claim

Electronic Data Involved: insurance file claim work product claim

Keywords: work product doctrine, anticipation of litigation

View Case Opinion

U.S. v. Morgan (Western District of New York, 2020)

Key Insight: encryption

Nature of Case: Conspiracy to commit wire fraud and bank fraud; Money Laundering conspiracy

Electronic Data Involved: Servers, computers, storage media, iPhone

Keywords: Search warrant; “GrayKey” program to access passcodes; Unreasonable retention of the iPhone; Motion for Return of Property; 3 part test – 1.entitled to possession, 2. property not contraband, 3. either seizure was illegal or the government’s need for the property as evidence has ended; evidentiary burden

View Case Opinion

Rodriguez-Ruiz v. Microsoft Operations Puerto Rico (District of Puerto Rico, 2020)

Key Insight: Social media posts are generally not protected by privacy concerns, but discovery of social media posts do need to be limited and proportional to the case’s needs

Nature of Case: Wrongful termination

Electronic Data Involved: Social media posts

Keywords: Privacy, Facebook, Microsoft, wrongful termination, ADA, social media

View Case Opinion

Shelton v. Fast Advance Funding, LLC (3rd Circuit, 2020)

Key Insight: defendant argued that it had no obligation to respond to timely discovery requests because the due date of the discovery was after the discovery deadline.

Nature of Case: telemarketing violation

Electronic Data Involved: requests for admission

Keywords: discovery deadline, requests for admission

View Case Opinion

Copyright © 2022, K&L Gates LLP. All Rights Reserved.