Case Summaries – Page 409 – Electronic Discovery Law

Strasser v. Yalamanchi, 783 So.2d 1087 (Fla. Dist. Ct. App. 2001)

Dec 01 2004

Key Insight: Affirming jury award for plaintiff, where plaintiff had been permitted to add claim for negligent destruction of evidence based on defendant’s failure to preserve electronic records and computer hard drive, court found no error in allowing plaintiff to introduce at trial evidence of defendant’s discovery misconduct. Court further concluded that strong statements of disapproval of defendant’s discovery abuses did not require trial judge’s recusal.

Nature of Case: Breach of contract suit between former partners

Electronic Data Involved: Computer hard drive

William T. Thompson Co. v. Gen. Nutrition Corp., Inc., 593 F. Supp. 1443 (C.D. Cal. 1984)

Dec 01 2004

Key Insight: Defendant’s discovery abuse and destruction of evidence warranted monetary sanctions and default judgment

Nature of Case: Antitrust

Electronic Data Involved: Sales and inventory data

In re Nat’l Century Fin. Enters., Inc. Fin. Inv. Litig., 347 F. Supp. 2d 538 (S.D. Ohio 2004)

Dec 01 2004

Key Insight: Court granted plaintiffs’ motion for leave to issue document preservation subpoena to Chapter 11 debtor, finding it was necessary to preserve the documents held by debtor since debtor would likely be dissolved and its documents would be destroyed, and such destruction would cause actual prejudice to plaintiffs in prosecuting their class action

Nature of Case: Securities class action by investors claiming that defendants had looted assets of Chapter 11 debtor

Electronic Data Involved: Information held in electronic form

Lyondell-Citgo Refining, LP v. Petroleos de Venezuela, S.A., 2004 WL 1924810 (S.D.N.Y. Aug. 30, 2004)

Dec 01 2004

Key Insight: Where defendants had taken steps to remedy alleged gaps in production by producing new spreadsheets and time remained to remedy any further deficiencies prior to the discovery cut-off, extreme sanction of default judgment was unwarranted

Nature of Case: Breach of contract

Electronic Data Involved: Emails and spreadsheets of sales data

Vision Point of Sale, Inc. v. Haas, 2004 WL 5326424 (Ill. Cir. Ct. Sept. 27, 2004)

Dec 01 2004

Key Insight: Court provided direction to parties for implementing injunction, ordering among other things: (1) defendant to obtain new computers of its choice and at its expense to replace all existing computers and servers; (2) defendant to choose which files would be transferred to new computers; (3) plaintiff?s expert to observe copying and transfer, and examine new computers to confirm they do not contain plaintiff?s data; (4) after transfer, defendant?s old computers to be stored and kept available for forensic discovery, the cost of which would be borne 75% by defendant and 25% by plaintiff, except that plaintiff?s expert fees to date to be divided evenly between plaintiff and defendant

Nature of Case: Misappropriation of proprietary information

Electronic Data Involved: 30 computers and 2 servers of defendant

In re Amsted Ind., Inc. ERISA Litig., 2002 WL 31844956 (N.D. Ill. Dec. 18, 2002)

Dec 01 2004

Key Insight: Plaintiffs’ motion to retrieve email granted; defendants required to re-search backup tapes using broader subject matter and time period, and to search email folders of any relevant individual in same manner

Nature of Case: ESOP plan participants sued employer and ESOP for breach of fiduciary duty and other wrongs

Electronic Data Involved: Email and other computerized data

Catskill Devel., LLC v. Park Place Entm’t Corp., 286 F. Supp. 2d 309 (S.D.N.Y. 2003)

Dec 01 2004

Key Insight: After audiotapes which had not been produced by defendants came to light, court granted plaintiff’s Fed. R. Civ. P. 60(b)(3) motion to vacate earlier summary judgment dismissing tortious interference with prospective business relations claim, and re-opened discovery for 30 days to allow expedited inquiry re discrete issues related to revived claim

Nature of Case: Tortious interference with contract and prospective business relations

Electronic Data Involved: Six audiotapes containing discussions between key players

Convolve, Inc. v. Compaq Computer Corp., 223 F.R.D. 162 (S.D.N.Y. 2004)

Dec 01 2004

Key Insight: Court rejected plaintiff’s request for direct access to Compaq’s hard drives, servers, and databases since plaintiff had failed to show widespread destruction or withholding of relevant information by Compaq; court further rejected plaintiff’s request for sanctions for failure to preserve certain evidence

Nature of Case: Patent infringement

Electronic Data Involved: Hard drives, servers, databases, email and electronic data

First USA Bank, N.A. v. Paypal, Inc., 76 Fed.Appx. 935, 2003 WL 22071558 (Fed. Cir. Aug. 21, 2003)

Dec 01 2004

Key Insight: Former CEO of defendant subpoenaed and ordered to appear for deposition and produce his laptop computer for forensic inspection pursuant to court’s approved search protocol; CEO’s appeal of the nonfinal interlocutory order was dismissed

Nature of Case: Patent infringement

Electronic Data Involved: Laptop

Haynes v. Office of Attorney Gen., 298 F. Supp. 2d 1154 (D. Kan. 2003)

Dec 01 2004

Key Insight: Terminated employee obtained preliminary injunction preventing his former employer from accessing “private” files stored on his work computer or discussing “private” files that were accessed; employer further ordered to provide employee access to his private files to determine which ones he wanted copied; employee prohibited from deleting any information from work computer

Nature of Case: Former assistant attorney general sought damages and injunctive relief

Electronic Data Involved: Employee’s “private” information contained on work computer

Catagory:Case Summaries