Catagory:Case Summaries

1
Option One Mortg. Corp. v. Universal Mortg. Group, Inc., 2008 WL 6928158 (D.S.C. Aug. 27, 2008)
2
Atmel Corp. v. Authentec Inc., 2008 WL 276393 (N.D. Cal. Jan. 31, 2008)
3
Diabetes Ctrs. of Am., Inc. v. Healthpia Am., Inc., 2008 WL 336382 (S.D. Tex. Feb. 5, 2008)
4
In re Subpoena Duces Tecum to AOL, LLC, 550 F. Supp. 2d 606 (E.D. Va. 2008)
5
Yeisley v. PA State Police, 2008 WL 906465 (M.D. Pa. Mar. 31, 2008)
6
Peterson v. Union Pacific R.R. Co., 2008 WL 1930453 (C.D. Ill. May 1, 2008)
7
Goshawk Dedicated Ltd. v. Am. Viatical Servs., LLC, 2008 WL 2901864 (N.D. Ga. July 23, 2008)
8
Louis Vuitton Malletier, S.A. v. Akanoc Solutions, Inc., 2008 WL 3200822 (N.D. Cal. Aug. 7, 2008)
9
Willeford v. Toys ?R? US-Del., Inc., 895 N.E.2d 83 (Ill. App. Ct. 2008)
10
Baxter Healthcare Holding, Inc. v. Fresenius Medical Care Holding, Inc., 2008 WL 4547190 (N.D. Cal. Oct. 10, 2008)

Option One Mortg. Corp. v. Universal Mortg. Group, Inc., 2008 WL 6928158 (D.S.C. Aug. 27, 2008)

Key Insight: Despite indicating concern regarding the cross-claim plaintiff?s deletion of employees? emails after firing them for inappropriate accounting, the court denied plaintiff?s motion for spoliation sanctions where plaintiff failed to identify evidence indicating that the emails would have contained relevant evidence and where fact discovery had been closed for more than a year and plaintiff ?appear[ed] to have presented what it view[ed] as a quite complete theory of the case using the voluminous evidence? available to it

Electronic Data Involved: Emails of fired employees

Atmel Corp. v. Authentec Inc., 2008 WL 276393 (N.D. Cal. Jan. 31, 2008)

Key Insight: Where plaintiff?s Rule 30(b)(6) designee testified that he did not know whether files of CEO or nine key players had been searched for responsive documents, defendant demonstrated a ?serious question? as to the adequacy of plaintiff?s search and court ordered plaintiff to search email and computers of plaintiff and nine key players and submit declaration(s) from most knowledgeable person(s) detailing the searches performed

Nature of Case: Patent litigation

Electronic Data Involved: Email

Diabetes Ctrs. of Am., Inc. v. Healthpia Am., Inc., 2008 WL 336382 (S.D. Tex. Feb. 5, 2008)

Key Insight: Where court found that defendants may not have taken adequate steps to preserve emails through a backup process but followed the company’s standard procedures, and if anything, there was negligence derived from lax electronic document maintenance procedures, and that plaintiff?s counsel, at most, may have been lax in that inadequate direction and oversight was given to associate to guide her search for relevant and responsive emails, court concluded that, while all parties were remiss in fulfilling their discovery obligations, there was no evidence of ?bad faith? on the part of either party to warrant an instruction on spoliation and denied parties’ competing sanctions motions

Nature of Case: Breach of contract

Electronic Data Involved: Emails, laptops

In re Subpoena Duces Tecum to AOL, LLC, 550 F. Supp. 2d 606 (E.D. Va. 2008)

Key Insight: District court upheld magistrate judge’s order quashing State Farm’s subpoena to AOL because: (1) plain language of Electronic Communications Privacy Act prohibited AOL from producing requested email because a civil discovery subpoena was not a disclosure exception under Act; (2) State Farm’s subpoena imposed undue burden because subpoena was overbroad; and (3) court where action was pending was better posed to decide privilege issues

Nature of Case: Former insurance adjusters alleged that State Farm committed fraud in connection with handling of Hurricane Katrina damage claims

Electronic Data Involved: Email stored on AOL’s servers

Yeisley v. PA State Police, 2008 WL 906465 (M.D. Pa. Mar. 31, 2008)

Key Insight: Denying plaintiff?s motion for sanctions based on non-production of email, court ordered defendants to promptly undertake requisite search of electronic records and warned: ?To the extent that electronic records may have been lost during the pendency of this litigation as a result of the failure to conduct an adequate search of this font of information prior to this time, sanctions may be appropriate.?

Nature of Case: Civil rights litigation

Electronic Data Involved: Email

Peterson v. Union Pacific R.R. Co., 2008 WL 1930453 (C.D. Ill. May 1, 2008)

Key Insight: Court denied plaintiffs’ request for sanctions, additional depositions and for an order compelling production of electronic data and signal plans in light of plaintiffs’ failure to diligently pursue such requests and failure to establish need for additional discovery at late stage of litigation; court granted plaintiffs opportunity to show that motion was substantially justified and deferred consideration of defendant’s request for expenses incurred in opposing motion

Nature of Case: Claims arising from collision between freight train and automobile

Electronic Data Involved: Data from event recorders and other components and equipment of the crossing signal system

Louis Vuitton Malletier, S.A. v. Akanoc Solutions, Inc., 2008 WL 3200822 (N.D. Cal. Aug. 7, 2008)

Key Insight: District court overruled defendants’ objections to magistrate judge’s order compelling production of certain ESI, rejecting claim that requested discovery was unduly burdensome; although defendants claimed they had more than 1500 servers, court noted that discovery was limited to 67 specific web sites and defendants had offered no evidence to suggest that they could not narrow the number of servers on which responsive content might exist; court ordered parties to meet and confer to agree upon protocol for obtaining the requested discovery

Nature of Case: Contributory and vicarious trademark and copyright infringement claims against internet service providers who host third-party websites on their servers

Electronic Data Involved: Publicly-posted Internet content evidencing offers made of counterfeit Louis Vuitton merchandise and traffic logs evidencing the volume of underlying counterfeit activity, limited to 67 allegedly infringing websites identified by plaintiff

Willeford v. Toys ?R? US-Del., Inc., 895 N.E.2d 83 (Ill. App. Ct. 2008)

Key Insight: Appellate court upheld order of contempt and declined to expand protective order to keep confidential names and contact information of persons involved in falling merchandise accidents where defendant?s challenges of discovery rulings resulted in five year delay, were not in good faith, and information sought to be protected was not the sort that should be covered by a protective order

Nature of Case: Personal injury

Electronic Data Involved: Database

Baxter Healthcare Holding, Inc. v. Fresenius Medical Care Holding, Inc., 2008 WL 4547190 (N.D. Cal. Oct. 10, 2008)

Key Insight: Finding each email in string a ?separate communication for which a privilege may or may not be applicable? court rejected defendants? argument of extreme burden and ordered production of ?proper privilege log? identifying required information for each message; court ordered defendants to identify author, recipient, or copyee of redacted documents already in plaintiffs possession finding it ?unreasonable? to require of plaintiffs because defendants were obligated to justify privilege claim

Nature of Case: Patent Infringement

Electronic Data Involved: Privileged emails

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