Archive: June 2021

1
Allen v. PPE Casino Resorts Maryland, LLC (D. Md. 2021)
2
AnywhereCommerce, Inc. v. Ingenico, Inc. (D. Mass. 2021)

Allen v. PPE Casino Resorts Maryland, LLC (D. Md. 2021)

Key Insight: Plaintiffs sought a protective order to prevent defendant from obtaining ESI from five different social media platforms they were active on. The court found that while a plaintiff’s social media postings could be relevant to a claim for “garden variety” emotional distress damages, some caution was necessary, such that a “deeper dive” into social media postings may be justified only in cases involving “severe and specific emotional distress” allegations. Since plaintiff alleged “garden variety” emotional distress stemming from defendant’s allegedly wrongful conduct, the discovery must be narrowed as follows: “specific references to serious, non-transient emotional distress in connection with the incidents described in their Complaint,” i.e., diagnosable conditions, visits to professionals for treatment of distress, treatment regimens and conversations regarding same; time frame limited from date contained in complaint of onset of difficulties to the date of filing of complaint; production limited to information found in a typical download of data from plaintiffs’ own accounts and plaintiffs “need not engage in extraordinary efforts in obtaining responsive information.”

Nature of Case: Employment discrimination

Electronic Data Involved: Social media posts

Case Summary

AnywhereCommerce, Inc. v. Ingenico, Inc. (D. Mass. 2021)

Key Insight: The court granted reconsideration of plaintiffs’ motion to compel discovery of documents in the possession of a corporate defendant in France. In a prior order, the court found that the GDPR did not preclude the court from ordering defendants to produce evidence, but based the order on plaintiffs’ representation that much of the requested information was located in the U.S. and therefore in the possession of domestic defendants. Thus, the court bifurcated its analysis to exclude any documents in the possession of French defendants. On reconsideration, plaintiffs claimed the important and relevant documents were located in France. Applying the factors from Restatement (Third) of Foreign Relations Law § 442(1)(c), the court found they weighed in favor of disclosure, together with the entry of a protective order that would protect France’s interests under the GDPR.

Nature of Case: Breach of contract

Electronic Data Involved: ESI generally

Case Summary

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