Tag: Adequacy of Search/Identification or Collection

1
Small v. Univ. Med. Ctr., No. 2:13-cv-0298-APG-PAL (D. Nev. Aug. 9, 2018)
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In re Broiler Chicken Antitrust Litigation, No. 16 C 8637 (N.D. Ill. July 26, 2018)
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Satmodo, LLC v. Whenever Communications, LLC, 3:17-cv-192-AJB-NLS (S.D. Cal. July 20, 2018)
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Shannon v. Honeywell Federal Manufacturing and Technologies, LLC, No. 14-CV-00787 (W.D. Mo. July 20, 2018)
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Polaris Indus. v. Arctic Cat (Minnesota District, 2018)
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Mitchell v. Savannah Airport Commission (Southern District of Georgia, Savannah Division, 2018)
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Wooten v. BNSF Railway Company (D. Mont., 2018)
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Xyngular v. Schenkel (Tenth Circuit, 2018)
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Mid-Atlantic Framing v. AVA Realty Ithaca, LLC (N.D.N.Y., 2018)
10

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

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In re Broiler Chicken Antitrust Litigation, No. 16 C 8637 (N.D. Ill. July 26, 2018)

Key Insight: Undue burden or cost of discovery alleged by defendant.

Nature of Case: antitrust class action

Electronic Data Involved: ESI searches upon 12 custodians

Keywords: Has not made a threshold showing, does not satisfy the rule 26(b)(2)(C) factors.

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Shannon v. Honeywell Federal Manufacturing and Technologies, LLC, No. 14-CV-00787 (W.D. Mo. July 20, 2018)

Key Insight: search terms, proportionality

Nature of Case: employment discrimination

Electronic Data Involved: electronic records

Keywords: search terms, boolean connectors

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Polaris Indus. v. Arctic Cat (Minnesota District, 2018)

Key Insight: After later learning the theory recovering lost profits is based on, parties must rely on documents produced during discovery

Nature of Case: patent infringement

Electronic Data Involved: Documents

Keywords: recovering lost profits, inexorable-flow theory damages, scope of discovery

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Mitchell v. Savannah Airport Commission (Southern District of Georgia, Savannah Division, 2018)

Key Insight: Lack of communication regarding extending discovery timeline doesn’t entitle a party to additional time

Nature of Case: workplace discrimination

Electronic Data Involved: Documents

Keywords: discovery timeline, reopening discovery, lack of communication, radio silence

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Mid-Atlantic Framing v. AVA Realty Ithaca, LLC (N.D.N.Y., 2018)

Key Insight: Willfull failure to produce records in discovery; Adverse inferences

Nature of Case: Contract

Electronic Data Involved: ESI

Keywords: Summary Judgment; Spoliation; Sanctions; Bad Faith; Mechanics lien; discovery delay; failure to produce records

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Key Insight: ability to obtain documents, company control

Electronic Data Involved: general ledgers, banking documents, backup tapes

Keywords: sanctions, failure to produce, adverse inference, attorneys’ fees, willful violation, inherent powers, failure to preserve

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