Archive: July 2021

1
Hinrichs v. Allstate Insurance Co. (W.D. Wash. July 20, 2021)
2
Axis Insurance Company v. American Specialty Insurance & Risk Services, Inc. (N.D. Ind. 2021)
3
Doe v. Purdue University (N.D. Ind. July 2, 2021)
4
Federal Trade Commission v. American Screening, LLC (E.D. Mo. 2021)

Hinrichs v. Allstate Insurance Co. (W.D. Wash. July 20, 2021)

Key Insight: Defendant sought discovery of plaintiff’s social media, e-mails and text messages, and recommended an e-discovery vendor to search and collect the ESI, at defendant’s expense. The court granted the motion, finding the requests are not overly broad since plaintiff placed her lifestyle and activities prior to the accident directly at issue by claiming that her prior activities far exceed what she can do now. There is no burden to plaintiff since defendant has offered to hire an e-discovery vendor to access and retrieve the data. Any privacy issues can be addressed pursuant to a stipulated protective order.

Nature of Case: Personal injury – insurance bad faith

Electronic Data Involved: Social Media, Email, Text Messages

Case Summary

Federal Trade Commission v. American Screening, LLC (E.D. Mo. 2021)

Key Insight: Plaintiff filed a Motion to Compel Defendants to produce internal emails in litigation over false advertising and the FTC Act; Defendants had previously objected to Plaintiff’s discovery requests without disclosing if responsive materials were withheld on the basis of their objections. Defendants responded that use of 58 search terms provided by Plaintiff yielded over 7,000,000 results, and that Plaintiff’s request(s) were overbroad, irrelevant, vague, ambiguous and burdensome. The Court rejects these assertions, granting Plaintiff’s Motion and holding that Defendants must search for and produce the information sought by Plaintiff.

Nature of Case: Antitrust, False Advertising, Consumer Protection

Electronic Data Involved: Email

Case Summary

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