Category: Case Summaries

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Pamlab, L.L.C. v. Rite Aid Corp., 2004 WL 2988482 (E.D. La. Dec. 9, 2004)
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Federal Court Issues Opinion On E-Discovery Sanctions and Evidence Preservation
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Fero v. Excellus Health Plan, Inc., No. 6:15-cv-06569-EAW (W.D.N.Y. Jan. 19, 2018)

Pamlab, L.L.C. v. Rite Aid Corp., 2004 WL 2988482 (E.D. La. Dec. 9, 2004)

Key Insight: Where certain information was not available through defendant’s computer system and cost of recovering information through physical search could exceed damages claimed, court ruled that “prudent course” would be to place cost of physical search on plaintiff and instructed parties to develop a protocol for manual inspection of records at ten (of 3,000) stores; court further ordered defendant to provide available computer records

Nature of Case: Drug company claimed drug store chain improperly substituted one drug for another

Electronic Data Involved: Computer databases

Federal Court Issues Opinion On E-Discovery Sanctions and Evidence Preservation

The federal district court for the Southern District of New York has issued another ruling (available here) relating to electronic discovery in the ongoing matter of Zubulake v. UBS Warburg.

The court’s most recent decision, issued October 22, 2003, addresses Zubulake’s motion for sanctions against UBS for its failure to preserve missing backup tapes and deleted emails. See Zubulake v. UBS Warburg, LLC, 2003 WL 22410619 (S.D.N.Y.). Although the court established no definitive guidelines regarding when backup tapes must be preserved, the decision discusses this issue at length, describing both situations where the tapes should be preserved, and situations where they need not be preserved.

After considering UBS’s failure to preserve the missing backup tapes and deleted emails, the court declined to grant an adverse inference instruction against UBS, or to impose on UBS the full cost of restoring certain backup tapes, but did order UBS to bear the plaintiff’s costs of re-deposing certain individuals concerning issues raised either by the destruction of evidence or by any newly-produced emails. Read More

Fero v. Excellus Health Plan, Inc., No. 6:15-cv-06569-EAW (W.D.N.Y. Jan. 19, 2018)

Key Insight: Reconsideration of ruling that plaintiffs lacked standing. Expert affidavit shows substantial risk of identity theft and sale of PII and PHI on the dark web, establishing injury-in-fact.

Nature of Case: Class action arising out of a data breach and alleging identity theft.

Electronic Data Involved: Dark web evidence

Keywords: PII and PHI, dark web, identity theft, Joe Church, Digital Shield, X1 Social Discovery

View Case Opinion

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