Electronic Discovery Law

Legal issues, news and best practices relating to the discovery of electronically stored information.

1
Digital Mentor, Inc. v. Ovivo USA, LLC (Western District of Washington, 2020)
2
Nguyen v. Costco Wholesale Corp. (District of South Florida, 2020)
3
Mannion, et al. v. Ameri-Can Freight Systems Incorporated, et al. (district of AZ, 2020)
4
Rhino Metals, Inc. v. Sturdy Gun Safe, Inc. (District of Idaho, 2020)
5
Slingerland v. Crisp Marketing, LLC (Southern District of Florida, 2020)
6
KCI USA, Inc. v. Healthcare Essentials, Inc., 797 Fed.Appx. 1002 (6th Cir. Jan. 16, 2020).
7
In re WTG Fuels, Inc. (Texas Court of Appeals, 2020)
8
In re Mercedes-Benz Emissions Litig. (District of NJ, 2020)
9
Dorfman v. Albertsons LLC (district of Idaho, 2020)
10
Kamuda v. Sterigenics U.S. LLC (Circuit Court of Cook County Illinois, 2020)

Digital Mentor, Inc. v. Ovivo USA, LLC (Western District of Washington, 2020)

Key Insight: Failure to produce; Sanctions; Proportionality

Nature of Case: Trademark & Copyright infringement

Electronic Data Involved: Hard copy; correspondence; email

Keywords: “Functional employee”; Consultant; Third-party communications; Privilege; Spoliation; Unfair prejudice; Attorney’s fees and costs; Proportionality; Access/Resources;

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Mannion, et al. v. Ameri-Can Freight Systems Incorporated, et al. (district of AZ, 2020)

Key Insight: whether the issue of spoliation could be brought before the jury to decide if evidence was withheld and if that was justified

Nature of Case: personal injury, motor vehicle

Electronic Data Involved: Log books of defendant

Keywords: spoliation, jury instruction, question of law/fact

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Rhino Metals, Inc. v. Sturdy Gun Safe, Inc. (District of Idaho, 2020)

Key Insight: two reports for different suits, written by the same expert. defendants in those cases subpoenaed each other’s report to get it without confidentiality restrictions

Nature of Case: intellectual property infringement

Electronic Data Involved: expert report deemed confidential

Keywords: subpoena, expert report, confidential, privilege, protective order

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Slingerland v. Crisp Marketing, LLC (Southern District of Florida, 2020)

Key Insight: discovery requests overbroad

Nature of Case: telephone consumer protection act

Electronic Data Involved: general discovery

Keywords: scope of relevant discovery, class action

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KCI USA, Inc. v. Healthcare Essentials, Inc., 797 Fed.Appx. 1002 (6th Cir. Jan. 16, 2020).

Key Insight: Former attorneys sanctioned (firm and individually) for discovery failures during representation. Court determined they had been denied due process and sanctions should not have been imposed.

Nature of Case: Trade Practices, Unfair Competition, Tortious Interference

Electronic Data Involved: Various Items in Discovery

Keywords: discovery sanctions, individual attorneys, due process, notice

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In re WTG Fuels, Inc. (Texas Court of Appeals, 2020)

Key Insight: discovery that is not authorized by law cannot be “untaken”. order that compels discovery beyond that allowed by law is abuse of discretion

Nature of Case: personal injury, property liability

Electronic Data Involved: WTG net worth documentation

Keywords: net worth discovery, abuse of discretion, motion to compel

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In re Mercedes-Benz Emissions Litig. (District of NJ, 2020)

Key Insight: dispute over search terms meant to identify documents

Nature of Case: environmental litigation

Electronic Data Involved: all discovery, search term protocol

Keywords: search term protocol, predictive coding, technology assisted review,

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Dorfman v. Albertsons LLC (district of Idaho, 2020)

Key Insight: if a motion to deny a class certification can be granted before discovery

Nature of Case: telemarketing, telephone consumer protection act

Electronic Data Involved: discovery showing common questions for a class certification

Keywords: class certification, rule 23

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Kamuda v. Sterigenics U.S. LLC (Circuit Court of Cook County Illinois, 2020)

Key Insight: whether a request for a specific format is an undue burden

Nature of Case:

Electronic Data Involved: documents produced in TIFF format versus native format

Keywords: undue burden, TIFF, native, cybersecurity

Identified State Rule(s): 214(b)

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