Category: Case Summaries

1
Braxton v. Farmer’s Ins. Group, 209 F.R.D. 651 (N.D. Ala. 2002)
2
In re Fagnant, 2004 WL 2944126 (Bankr. D.N.H. Dec. 13, 2004
3
Itzenson v. Hartford Life & Accident Ins. Co., 2000 WL 1507422 (E.D. Pa. Oct. 10, 2000)
4
Momah v. Albert Einstein Med. Center, 164 F.R.D. 412 (E.D. Pa. 1996)
5
Rowe Entm?t, Inc. v. William Morris Agency, Inc., 2002 WL 975713 (S.D.N.Y. May 9, 2002)
6
Toledo Fair Hous. Ctr. v. Nationwide Mut. Ins. Co., 703 N.E.2d 340 (Ohio 1996)
7
Youle v. Ryan, 811 N.E.2d 1281 (Ill. App. Ct. 2004)
8
Cobell v. Norton, 206 F.R.D. 324 (D.D.C. 2002)
9
Giardina v. Lockheed Martin Corp., 2003 WL 1338826 (E.D. La. Mar. 14, 2003)
10
Lakewood Eng’g & Mfg. Co. v. Lasko Prods., Inc., 2003 WL 1220254 (N.D. Ill. Mar. 14, 2003)

Braxton v. Farmer’s Ins. Group, 209 F.R.D. 651 (N.D. Ala. 2002)

Key Insight: Non-party subpoena issued by plaintiff to insurance agents for email and electronic documents touching on, relating to or concerning use of consumer credit reports in setting homeowners’ insurance premiums quashed as unduly burdensome, in absence of showing that defendant’s production of such materials was inadequate

Nature of Case: Class action alleging that insurer violated Fair Credit Reporting Act

Electronic Data Involved: Email and documents in electronic format

In re Fagnant, 2004 WL 2944126 (Bankr. D.N.H. Dec. 13, 2004

Key Insight: Where defendant acted in good faith in printing and delivering to his counsel a copy of his computerized general ledger, but counsel failed to disclose it until the eve of trial, court denied plaintiff’s request for discovery sanction precluding introduction of general ledger at trial, but awarded monetary sanctions against defense counsel

Nature of Case: Adversary proceeding in bankruptcy court

Electronic Data Involved: Printout from computerized general ledger

Itzenson v. Hartford Life & Accident Ins. Co., 2000 WL 1507422 (E.D. Pa. Oct. 10, 2000)

Key Insight: Discovery deadline extended and defendant ordered to “use every practicable means” to identify requested claims files; if defendant truly cannot segregate the claim files, defendant would be directed to make available a representative with requisite knowledge and skill to assist plaintiff’s representative in reviewing and identifying as promptly as possible each unsegregated file which met plaintiff’s criteria

Nature of Case: ERISA action to recover death benefits under employee benefit plan

Electronic Data Involved: Database re insurance claims

Rowe Entm?t, Inc. v. William Morris Agency, Inc., 2002 WL 975713 (S.D.N.Y. May 9, 2002)

Key Insight: District judge upheld magistrate’s decision

Nature of Case: Concert promoters sued booking agencies and other promoters for discriminatory and anti-competitive practices

Electronic Data Involved: Email stored on backup tapes and hard drives

Toledo Fair Hous. Ctr. v. Nationwide Mut. Ins. Co., 703 N.E.2d 340 (Ohio 1996)

Key Insight: Requiring insurer to create programs to retrieve and put in usable form information from its databases at its own expense, court stated: “[A] party cannot avoid discovery when its own recordkeeping system makes discovery burdensome. If a party chooses to store information in a manner that tends to conceal rather than reveal, that party bears the burden of putting the information in a format useable by others.” However, court did order that request for computer-generated reports be narrowed.

Nature of Case: Minority homeowners brought civil rights action alleging that insurer engaged in redlining to avoid minority neighborhoods

Electronic Data Involved: Insurer’s databases and computer-generated reports

Youle v. Ryan, 811 N.E.2d 1281 (Ill. App. Ct. 2004)

Key Insight: Order compelling defendant surgeon to produce his surgical database, to include information related to all the cholecystectomy procedures defendant had ever performed (with the patient names redacted) was abuse of discretion; matter remanded with directions that the court examine the database contents in camera to determine relevance and privilege issues

Nature of Case: Medical malpractice

Electronic Data Involved: Surgical database maintained by defendant surgeon

Cobell v. Norton, 206 F.R.D. 324 (D.D.C. 2002)

Key Insight: Government’s motion for “protective order clarifying that it may produce email in response to discovery requests by producing from paper records of email messages rather than from backup tapes and may overwrite backup tapes in accordance with Departmental directives” denied as inappropriate given history of dispute; plaintiffs awarded attorneys’ fees and costs associated with motion

Nature of Case: Suit against the government alleging mismanagement of Indian trust funds

Electronic Data Involved: Email stored on backup tapes

Giardina v. Lockheed Martin Corp., 2003 WL 1338826 (E.D. La. Mar. 14, 2003)

Key Insight: Magistrate’s order granting plaintiff’s motion to compel discovery and awarding attorneys’ fees upheld; employer required to provide available data and also respond by stating the steps taken to obtain non-work related internet sites accessed during the dates requested, including detailed explanation of efforts to obtain information and reasons its efforts were not successful if it was unable to obtain the data to fully respond to interrogatory

Nature of Case: Employment discrimination

Electronic Data Involved: Information re all non-work related internet sites accessed on certain of employer’s computers during relevant period

Lakewood Eng’g & Mfg. Co. v. Lasko Prods., Inc., 2003 WL 1220254 (N.D. Ill. Mar. 14, 2003)

Key Insight: Although plaintiff’s production of relevant email and other documents in electronic form after the close of discovery demonstrated lack of good faith effort to produce all requested discovery in timely manner, sanctions were not warranted

Nature of Case: Patent infringement

Electronic Data Involved: Email and other documents in electronic form

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