Catagory:Case Summaries

1
Lyondell-Citgo Refining, LP v. Petroleos de Venezuela, S.A., 2004 WL 1924810 (S.D.N.Y. Aug. 30, 2004)
2
McCabe v. Ernst & Young, LLP, 221 F.R.D. 423 (D.N.J. 2004)
3
Black & Veatch Int’l Co. v. Foster Wheeler Energy Corp., 211 F.R.D. 641 (D. Kan. 2002)
4
Columbia Valley Reg’l Med. Ctr. v. Bannert, 112 S.W. 3d 193 (Tex. App. 2003)
5
Dow Chem. Co. v. Allen, 672 F.2d 1262 (7th Cir. 1982)
6
Gorgen Co. v. Brecht, 2002 WL 977467 (Minn. Ct. App. May 14, 2002) (Unpublished)
7
Inst. for Motivational Living, Inc. v. Doulos Inst. for Strategic Consulting, Inc., 2004 WL 2241745 (3rd Cir. Oct. 5, 2004) (Unpublished)
8
In re Lernout & Hauspie Sec. Litig., 222 F.R.D. 29 (D. Mass. 2004)
9
Metro. Opera Ass?n, Inc. v. Local 100, 2004 WL 1943099 (S.D.N.Y. Aug. 27, 2004)
10
Pioneer Hi-Bred Int’l, Inc. v. Monsanto Co., 2001 WL 170410 (E.D. Mo. Jan. 2, 2001)

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

McCabe v. Ernst & Young, LLP, 221 F.R.D. 423 (D.N.J. 2004)

Key Insight: Magistrate recommended that non-parties’ motion for attorneys’ fees and other costs incurred in appearing for depositions and responding to subpoenas be denied, since non-parties failed to object to subpoenas or condition compliance on reimbursement, and an award of $58,000, without notice to plaintiffs, would be tantamount to severe prejudice

Electronic Data Involved: Email and hard copy documents

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

Gorgen Co. v. Brecht, 2002 WL 977467 (Minn. Ct. App. May 14, 2002) (Unpublished)

Key Insight: Order granting ex parte TRO before complaint was filed, and which prohibited defendants from destroying or altering electronic documents pertaining to complaint, was abuse of discretion

Nature of Case: Misappropriation of trade secrets

Electronic Data Involved: Electronic documents

Inst. for Motivational Living, Inc. v. Doulos Inst. for Strategic Consulting, Inc., 2004 WL 2241745 (3rd Cir. Oct. 5, 2004) (Unpublished)

Key Insight: Appellate court ruled that trial court did not err in awarding sanctions and finding defendant in civil contempt where, moments before he signed settlement agreement and in violation of discovery preservation order, defendant deleted files from laptop that was to be returned to plaintiff; however, case would be remanded so that trial court could determine what amount of attorneys’ fees fairly reflect compensation for defendant’s contumacious conduct

Nature of Case: Copyright and trademark infringement, misappropriation of trade secrets

Electronic Data Involved: Files stored on laptop computer

In re Lernout & Hauspie Sec. Litig., 222 F.R.D. 29 (D. Mass. 2004)

Key Insight: Finding that the production of privileged email was not inadvertent, court held that accounting firm waived attorney-client privilege as to disclosed email, and as to 15 other emails on same subject matter

Nature of Case: Securities class action

Electronic Data Involved: Email

Metro. Opera Ass?n, Inc. v. Local 100, 2004 WL 1943099 (S.D.N.Y. Aug. 27, 2004)

Key Insight: On defendant’s motion for reconsideration, court again described numerous discovery failings by the defendants, concluded that it would adhere to its prior decision at 212 F.R.D. 178, and further rejected two new arguments belatedly advanced by defendant relating the merits of plaintiff’s underlying claims

Nature of Case: Opera company sued union

Electronic Data Involved: Email and electronic documents; hard drives

Pioneer Hi-Bred Int’l, Inc. v. Monsanto Co., 2001 WL 170410 (E.D. Mo. Jan. 2, 2001)

Key Insight: After jury trial resulted in defense verdict, court ruled on defendant’s outstanding motion for sanctions; pursuant to Fed. R. Civ. P. 37 and its inherent authority, court ordered plaintiff to pay defendant’s total counsel fees, expenses and costs incurred in the litigation (not just those related to discovery issues) amounting to $8,211,287 as sanction for plaintiff’s egregious discovery misconduct

Nature of Case: Dispute over development and license agreement

Electronic Data Involved: Email and other computerized data

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