Catagory:Case Summaries

1
Wright v. AmSouth Bancorporation, 320 F.3d 1198 (11th Cir. 2003)
2
Dean v. Priceline.com, Inc., 2002 WL 34155897 (D. Conn. Sept. 10, 2002)
3
Schnall v. Annuity and Life RE (Holdings), Ltd., 2004 WL 51117 (D. Conn. Jan. 2, 2004)
4
Williams v. Owens-Illinois, Inc., 665 F.2d 918 (9th Cir. 1982)
5
Black & Veatch Int’l Co. v. Foster Wheeler Energy Corp., 211 F.R.D. 641 (D. Kan. 2002)
6
Columbia Valley Reg’l Med. Ctr. v. Bannert, 112 S.W. 3d 193 (Tex. App. 2003)
7
Dow Chem. Co. v. Allen, 672 F.2d 1262 (7th Cir. 1982)
8
Go2Net, Inc. v. C I Host, Inc., 60 P.3d 1245 (Wash. Ct. App. 2003)
9
Ill. Tool Works, Inc. v. Metro Mark Prods., Ltd., 43 F. Supp. 2d 951 (N.D. Ill. 1999)
10
Laurin v. Pokoik, 2004 WL 2724767 (S.D.N.Y. Nov. 30, 2004)

Wright v. AmSouth Bancorporation, 320 F.3d 1198 (11th Cir. 2003)

Key Insight: No abuse of discretion to deny plaintiff’s motion to compel discovery of “computer diskette or tape copy of all word processing files created, modified and/or access by, or on behalf” of five employees over 2-1/2 year period as overbroad and unduly burdensome

Nature of Case: Age discrimination

Electronic Data Involved: Word processing files

Dean v. Priceline.com, Inc., 2002 WL 34155897 (D. Conn. Sept. 10, 2002)

Key Insight: Court ordered defendant to produce to plaintiff information in the possession of a third party storage facility, with each side paying one-half of the charges billed by the third party for retrieving the information; court further ruled that the prevailing party would be entitled to recover from the losing party its share of the costs associated with retrieval of the information

Nature of Case: FLSA claim

Electronic Data Involved: Electronic documents

Schnall v. Annuity and Life RE (Holdings), Ltd., 2004 WL 51117 (D. Conn. Jan. 2, 2004)

Key Insight: Where defendants had actual notice of allegations against them and affirmatively stated that they were fully aware of their preservation obligations under PSLRA and sanctions for failure to comply, court declined to enter preservation order

Nature of Case: Securities litigation

Electronic Data Involved: Documents, data compilations (including electronically recorded or stored data), and tangible objects

Williams v. Owens-Illinois, Inc., 665 F.2d 918 (9th Cir. 1982)

Key Insight: Court did not abuse discretion in denying request for computer tapes where requesting party already possessed all information from tapes on wage cards and were not deprived of any data

Electronic Data Involved: Computer tapes containing wage information

Black & Veatch Int’l Co. v. Foster Wheeler Energy Corp., 211 F.R.D. 641 (D. Kan. 2002)

Key Insight: Plaintiff failed to comply with court order by making various misrepresentations about whether all original input files were produced and whether software program changed over time it was used; sanction in form of attorneys’ fees and costs warranted

Nature of Case: Construction litigation

Electronic Data Involved: Software program and input files used to make design calculations

Go2Net, Inc. v. C I Host, Inc., 60 P.3d 1245 (Wash. Ct. App. 2003)

Key Insight: Motion for reconsideration of order granting of summary judgment properly denied where party failed to show that email from repaired server that was produced the day before summary judgment hearing qualified as “newly discovered evidence”

Nature of Case: Action to enforce advertising agreements

Electronic Data Involved: Email

Ill. Tool Works, Inc. v. Metro Mark Prods., Ltd., 43 F. Supp. 2d 951 (N.D. Ill. 1999)

Key Insight: Defendant’s failure to preserve integrity of computer (dropping it repeatedly and apparent tampering, including disconnecting internal cables prior to court-ordered inspection) and failure to produce responsive electronic material warranted monetary sanctions

Nature of Case: Misappropriation of trade secrets

Electronic Data Involved: Hard drive, deleted files, electronically stored invoices

Laurin v. Pokoik, 2004 WL 2724767 (S.D.N.Y. Nov. 30, 2004)

Key Insight: Where plaintiff sought “any document which would evidence the true date when [a particular] entry was actually entered into the computer system,” court ruled that if plaintiff wishes to retain a forensic computer expert at her own expense, she may seek an order that defendant permit the expert to inspect the computer system

Nature of Case: Wrongful termination

Electronic Data Involved: Date of particular data entry in computer system

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