KLG PDF Import – Page 69 – Electronic Discovery Law

Matthew Enterprise, Inc. v. Chrysler Group LLC, No. 13-cv-04236-BLF (N.D. Cal. May 23, 2016).

May 23 2016

Key Insight: Plaintiff threatened legal action, but failed to have it’s vendor stop automatic deletion and did not preserve recrods when email system changed. Defendant was prejudiced by this spoilation. Court allowed witnesses to testify to spoilation and potential contents of those communications.

Nature of Case: incentive programs and Robinson-Patman Act violations

Electronic Data Involved: internal and external communications

Keywords: spoilation; vendor

View Case Opinion

In re Bridge Construction Services of Florida, Inc., No. 12-cv-3536 (S.D.N.Y. May 12, 2016).

May 12 2016

Key Insight: Adverse inference granted where physical evidence was lost.

Nature of Case: Marine

Electronic Data Involved: notebook/logbook

Keywords: adverse inference

AVM Technologies LLC v. Intel Corp. (D. Del., 2016)

May 03 2016

Key Insight: court allows keyword search of one database (agreed to by party) but denies search of three others deeming them disproportionate

Nature of Case: patent infringement

Electronic Data Involved: database

Keywords: keyword search, disproportionate,

Swetlic Chiropractic & Rehabilitation Center, Inc. (S.D. Ohio, 2016)

Apr 27 2016

Key Insight: anti spoliation notice to third party re fax transmission reports and meta data not reasonable without notice to party

Nature of Case: Telephone Consumer Protection Act (?TCPA?)

Electronic Data Involved: fax transmission reports

Keywords: fax meta data and automatic deletion

View Case Opinion

Martin v. Stoops Buick, Inc. (S.D. Ind., 2016)

Apr 25 2016

Key Insight: inadvertent destruction of computer after litigation hold not sanctioned

Nature of Case: wrongful termination

Electronic Data Involved: work computer

Keywords: no bad faith

View Case Opinion

National Football League Mgmt. Council v. National Football League Players Assoc. (2nd Circuit Court of Appeals, 2016)

Apr 25 2016

Key Insight: Adverse inference when Brady destroyed cell phone days and subsequently punished for non-cooperation before trial was proper

Nature of Case: Collective Bargaining Agreement

Electronic Data Involved: Cell phone data

Keywords: football, Tom Brady, deflategate, collective bargaining agreement,

View Case Opinion

Digital Ally, Inc. v. Utility Associates, Inc. (District Court of Kansas, 2016)

Apr 15 2016

Key Insight: whether stating that “ESI request is not relevant or proportional” is not sufficient.

Nature of Case: breach of contract

Electronic Data Involved: emails

Keywords: informal internal emails

Identified State Rule(s): D. Kan. 37(2)

View Case Opinion

First Niagara Risk Management v. Folino (United States District Court, Eastern District Pennsylvania., 2016)

Apr 14 2016

Key Insight: Proportionality, Fraud

Nature of Case: Non-compete enforcement

Electronic Data Involved: scope of discovery

Keywords: Sedona principles

View Case Opinion

Coale v. Metro-North Railroad Co., No. 08-cv-01307 (D.Conn. Apr. 11, 2016).

Apr 11 2016

Key Insight: Court concluded defendant had duty to preserve oily substance and was negligent in doing so. Permissive adverse inference instruction granted.

Nature of Case: personal injury

Electronic Data Involved: oily substance plaintiff slipped on

Keywords: adverse inference;

View Case Opinion

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