Author - KLG PDF Import

1
Van v. Language Line Servs. (United States District Court Northern District of California, 2016)
2
Dao v. Liberty Life Assurance Company of Boston (Northern District of CA, 2016)
3
Stormo v. City of Sioux Falls, No. 12-04057 (D. S.D. Feb. 19, 2016)
4
Arcelormittal Indiana Harbor, LLC v. Amex Nooter, LLC (Northern District of Indiana, 2016)
5
McSparran v. Pennsylvania (M.D. Pa, 2016)
6
InternMatch, Inc. v. Nxtbigthing, LLC (N.D. Cal., 2016)
7
Malibu Media, LLC v. Doe (Northern District of Illinois Court, 2016)
8
Thomley v. Bennett (S.D. Ga., 2016)
9
Bazzi v. YP Advertising & Publishing, LLC (Eastern District of Michigan, 2016)
10
SEC v. CKB168 Holdings Inc. (E.D.N.Y., 2016)

Van v. Language Line Servs. (United States District Court Northern District of California, 2016)

Key Insight: E-mail request must be proportional to the evidentiary needs of the case.

Nature of Case: Request for Production

Electronic Data Involved: e-mail

Keywords: DDJR, “tactical” gamesmanship, Van’s earing statements, Allison,

View Case Opinion

Dao v. Liberty Life Assurance Company of Boston (Northern District of CA, 2016)

Key Insight: if the balance of the discovery requests outweighed their benefit

Nature of Case: Breach of contract, breach of covenant of good faith and fair dealing, fraud , negligent misrepresentation, declaratory relief and unfair competition.

Electronic Data Involved: responses of three interrogatories in light of changes to rule 26

Keywords: proportionality, motion to compel, balance of request, benefit of requested discovery

View Case Opinion

Arcelormittal Indiana Harbor, LLC v. Amex Nooter, LLC (Northern District of Indiana, 2016)

Key Insight: confidential settlement information in documents requested

Nature of Case: Negligence and breach of contract

Electronic Data Involved: communications between Amex Nooter and IOSHA

Keywords: Confidential Settlement information, motion to compel, impeachment

View Case Opinion

InternMatch, Inc. v. Nxtbigthing, LLC (N.D. Cal., 2016)

Key Insight: Failure to preserve relevant evidence.

Nature of Case: Trademark ownership dispute.

Electronic Data Involved: Defendants discarded computers, following an alleged power surge which “fried” data.

Keywords: Defendants “willfully spoliated evidence” and the “extraordinary measures Batterman undertook to mislead opposing counsel and the Court merit a finding of bad faith.”

View Case Opinion

Thomley v. Bennett (S.D. Ga., 2016)

Key Insight: whether defendants acted with prejudice in not preserving “loop type system” video footage; whether spoliation sanctions apply for destroyed evidence

Nature of Case: Eighth Amendment claims for deliberate indifference and excessive force (cruel and unusual punishment)

Electronic Data Involved: medical records

Keywords: spoliation, preserve, prejudice, intent, bad faith, loop type system

View Case Opinion

Bazzi v. YP Advertising & Publishing, LLC (Eastern District of Michigan, 2016)

Key Insight: forensic imaging of USB drive of handwritten notes and reopening of deposition for questioning regarding the notes

Nature of Case: Employment Discrimination

Electronic Data Involved: handwritten notes from plantiff

Keywords: delaying tactics, reopening deposition, disclosure of evidence at deposition, relevancy

View Case Opinion

SEC v. CKB168 Holdings Inc. (E.D.N.Y., 2016)

Key Insight: are the defendants acting in bad faith by not confirming that evidence doesn’t exist or was it not preserved, in that case is it sanctionable

Nature of Case: violation of Securities act, violation of the exchange act and rule 10b-5, unregistered securities offerings

Electronic Data Involved: “back office data” information as to whether defendants explored public offering

Keywords: bad faith, sanctions, spoliation, public offering

View Case Opinion

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