Case Summaries – Page 419 – Electronic Discovery Law

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

Dec 01 2004

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

Hollingsworth v. Time Warner Cable, 812 N.E.2d 976 (Ohio Ct. App. 2004)

Dec 01 2004

Key Insight: Where defendant voluntarily divulged a privileged email communication at unemployment hearing and in response to discovery request, defendant waived any privilege with respect to the communication and to testimony and documents regarding the same subject matter; trial court erred in granting the defendant’s motion for return of the communication and for protective order, and in denying plaintiff’s motion to compel

Nature of Case: Wrongful discharge

Electronic Data Involved: Email

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

Dec 01 2004

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

Med. Billing Consultants, Inc. v. Intelligent Med. Objects, Inc., 2003 WL 1809465 (N.D. Ill. Apr. 4, 2003)

Dec 01 2004

Key Insight: Court denied plaintiff’s motion to compel defendants to allow experts to perform physical inspection of their computer equipment and files, since full disclosure of email had been provided by defendants and inspection was likely to be unduly burdensome

Nature of Case: Copyright infringement

Electronic Data Involved: Defendant’s computer equipment and files

Pennar Software Corp. v. Fortune 500 Sys., Ltd., 51 Fed. R. Serv. 3d 279, 2001 WL 1319162 (N.D. Cal. Oct. 25, 2001)

Dec 01 2004

Key Insight: Defendant’s discovery abuses and deletion of web site pages and other electronic information warranted entry of order enjoining spoliation and imposing monetary sanctions against defendant

Nature of Case: Breach of contract and related claims

Electronic Data Involved: Web site pages; log files and backup tapes of nonparty web hosting company

Rambus, Inc. v. Infineon Tech. AG, 222 F.R.D. 280 (E.D. Va. 2004)

Dec 01 2004

Key Insight: Based on in camera review, court granted defendant’s motion to compel based on the crime/fraud exception to the attorney-client privilege, ordered production of other documents on same subject matter and further ruled that discovery would be allowed regarding documents produced and on the issue of sanctions

Nature of Case: Patent infringement

Electronic Data Involved: Email, backup tapes

Sonnino v. Univ. of Kansas Hosp. Auth., 220 F.R.D. 633 (D. Kan. 2004)

Dec 01 2004

Key Insight: Defendant ordered to provide a complete and full response to interrogatory seeking information about Hospital Authority’s computer and email systems; defendant’s “very brief and general response” was insufficient

Nature of Case: Former employee alleged violations of free speech, due process and gender discrimination

Electronic Data Involved: Information re computer and email systems

3M v. Pribyl, 259 F.3d 587, 606 n.5 (7th Cir. 2001)

Dec 01 2004

Key Insight: Negative inference instruction warranted where six gigabytes of music were downloaded onto hard drive the night before the computer was to be turned over for inspection

Nature of Case: Manufacturer sued former employees and their new competing company for misappropriation of trade secrets

Electronic Data Involved: Hard drive

United States v. Stewart, 294 F. Supp. 2d 490 (S.D.N.Y. 2003)

Dec 01 2004

Key Insight: Court denied Stewart’s motion to disqualify the attorney who inadvertently read Stewart’s email from cross-examining her or participating in the preparation of her cross-examination

Nature of Case: Criminal proceedings re Stewart’s sale of ImClone stock

Electronic Data Involved: Email

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

Dec 01 2004

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

Catagory:Case Summaries