Heartland Consumer Products LLC v. Dineequity, Inc. (S.D. Ind., 2018)
Key Insight: Attorney on cc: line is not prima facie evidence email is not privileged
Nature of Case: Trademark Infringement
Electronic Data Involved: E-mail
Keywords: Privilege
Pinkham v. Coca-Cola Refreshments USA, Inc. (S.D. Ind, 2018)
Key Insight: Privilege Waiver if:unintentional, same subject matter and in fairness considered together
Nature of Case: Negligence
Electronic Data Involved: Videos
Keywords: Privilege, Waiver
Oprex Surgery (Baytown), L.P. v. Sonic Automotive Employee Welfare Benefit Plan (5th Cir., 2018)
Key Insight: How far does court’s discretion on discovery sanctions extend when it comes to dismissing a suit with prejudice?
Nature of Case: Employee medical benefits litigation
Keywords: Discovery sanctions, dismissal, Failure to comply, dismissal with prejudice
Small v. Univ. Med. Ctr., No. 2:13-cv-0298-APG-PAL (D. Nev. Aug. 9, 2018)
Key Insight: Defendant’s failure to preserve and produce ESI responsive to plantiffs’ discovery requests.
Nature of Case: unpaid wages and overtime claims collective action
Electronic Data Involved: deleted electronic records, undecipherable codes, mobile device data, text messages
Keywords: adverse inference instruction, unintelligible, mockery of the orderly administration of justice
LaFerrera v. Camping World RV Sales of Birmingham (Eastern District of Texas, 2018)
Key Insight: Spoliation claims should be brought up during discovery as a motion to compel, not summary judgment, spoliation also requires an intent to deprive
Nature of Case: Product defect
Electronic Data Involved: Electronic car records
Keywords: spoliation, summary judgment, camping world, motor home
Beck v. Access E Forms, LP. (Eastern District of Texas, 2018)
Key Insight: A 16 minute speculative phone call to an attorney is not enough to create a duty to preserve, direct evidence of bad faith is also necessary
Nature of Case: Employee overtime wages
Electronic Data Involved: Deleted e-mails
Keywords: Spoliation, FLSA, overtime
City of Rockford, et al. v. Mallinckrodt ARD Inc., et al. (Northern District of Illinois, 2018)
Key Insight: Sampling the null set is appropriate and proportional
Nature of Case: Antitrust
Electronic Data Involved: Electronically stored documents generally
Keywords: prescription medication, Acthar, clowns, TAR,
Sines v. Kessler, No, 3:18-mc-80080-JCS (N.D. Cal. Aug. 6, 2018)
Key Insight: Discoverability of the identity and communications of users of anonymous messaging services.
Nature of Case: Suit against supporters of “Unite the Right” rally
Electronic Data Involved: anonymous communications, anonymous user account info, Discord records
Keywords: anonymous communications, stored communications act, first amendment rights, Discord, third party subpoenas
Murphy v. Piper, No. 16-2623 (DWF/BRT) (D. Minn. Aug. 6, 2018)
Key Insight: Production of nearly 170 thousand documents containing almost 2.6 million pages (app. 72% of total production) weeks before depositions to start was not sanctionable as Plaintiff had fought to keep broad discovery requests.
Nature of Case: Inadequate and Substandard Care in State Facilities
Electronic Data Involved: Email and Documents
Keywords: Proportionality; Document “Dump”
In re: Application of Biomet Orthopaedics Switzerland GMBH Under 28 U.S.C. 1782 For An Order to Take Discovery for Use In A Foreign Proceeding, No, 17-3787 (3rd Cir. Aug. 6, 2018).
Key Insight: Trial Court had denied request for documents. Third Circuit remanded for further review based off four-factor discretionary test after finding that it met the basic statutory requirements to be considered.
Nature of Case: Trade Secret
Electronic Data Involved: Documents in US, desired for foreign matter
Keywords: foreign proceeding.