Key Insight: No abuse of discretion to dismiss suit with prejudice and impose sanctions against plaintiff under Rule 11, where it was determined that plaintiff had relied on falsified email and letters to support her discrimination claims
Nature of Case: Employment discrimination based on race, sex and ethnic origin
Electronic Data Involved: Email
Key Insight: Trial court erred in not dismissing defendants’ counterclaim and third party complaint as sanction for spoliation of evidence — contrary to court’s orders, defendants purged databases and produced backup tapes that were compromised and unusable
Nature of Case: Plaintiff sought declaratory judgment that it was not in default of license agreement
Electronic Data Involved: Computer databases and backup tapes
Key Insight: Court ordered cost-shifting (50/50) where plaintiff sought information about Verizon’s past and present customers even though material was not “inaccessible” under Zubulake analysis, since data was available in Verizon’s computer databases or archives
Nature of Case: Breach of contract and related claims
Electronic Data Involved: Computerized customer data
Key Insight: Court ruled, reluctantly, that even though defendant had violated protective order relating to use of subject software and database, the order was not sufficiently clear and definite to be enforced by contempt
Nature of Case: Copyright infringement
Electronic Data Involved: Software and database
Key Insight: Court modified prior order directing defendants to produce contents of hard drives for in camera inspection; individual defendants now directed to produce hard copies of all emails relating to allegations against certain individual, including any deleted emails recovered by a qualified expert appointed by the referee supervising the discovery; only those emails that in fact deal with relevant allegations to be turned over to the plaintiff; plaintiff agreed to bear all costs related to recovery of data from hard drive
Nature of Case: Sex discrimination, negligent supervision and breach of contract
Electronic Data Involved: Email and deleted email on hard drives of individual defendants
Key Insight: City employees? personal email not subject to disclosure under public records law because it fell outside the state’s statutory definition of public records; mere placement of such email on government-owned computer system does not transform such email into a “public record”
Nature of Case: Suit by newspaper to access city employees’ emails under public records law; issue was certified to Florida Supreme Court as “question of great public importance”
Electronic Data Involved: Personal email stored on government-owned computers
Key Insight: Court rejected plaintiff’s motion to reconsider recommended decision on summary judgment and motion to supplement the record with additional electronic materials (including email) obtained from belatedly produced zip disk, since plaintiff failed to seek a continuance under Rule 56(f) and proffer came two months after receipt of electronic media and was therefore tardy
Nature of Case: Contract dispute
Electronic Data Involved: Electronic documents and email stored on “zip” disk
Key Insight: Exercising its inherent authority to safeguard the integrity of its judicial process, court granted defendants’ motion for sanctions and dismissed the complaint due to plaintiff’s discovery abuses and “civil vigilantism” which began during the course of his employment and prior to filing suit
Nature of Case: Wrongful discharge
Electronic Data Involved: Illicit incursions into the offices, computers, and email accounts of executives of defendant
Key Insight: Court ordered nonparty to comply with subpoenas seeking electronic records, imposing monetary sanctions for nonparty’s unsupported argument that bankruptcy court’s automatic stay prevented it from having to comply with the subpoenas and ordering nonparty and plaintiff to meet and confer on means for compliance
Nature of Case: Copyright infringement
Electronic Data Involved: Electronic records, including email
Key Insight: Finding defendant’s actions went “far beyond mere negligence, demonstrating knowing and intentional conduct that led to the nonproduction of all technical e-mails,” district court affirmed the spoliation inference jury instruction and monetary sanctions imposed by magistrate
Nature of Case: Patent infringement
Electronic Data Involved: Email
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