Tag: Admissibility

1
Simpson v. J.L. Guess et al. (Middle District of Florida, 2020)
2
IN RE: Bard IVC Filters Products Liability Litigation (D. Arizona, 2020)
3
Vaks v. Quinlan, et al. (District of Massachusetts, 2020)
4
In re WTG Fuels, Inc. (Texas Court of Appeals, 2020)
5
Dorfman v. Albertsons LLC (district of Idaho, 2020)
6
United States v. Hoang, No. 2:17-cr-0444-TC (District of Utah, Central Division, 2019)
7
United States and State of California ex rel. Higgins v. Boston Scientific Corp., No. 11-cv-2453 (D. Minn. Aug. 28, 2019).
8
United States v. Connelly (S.D. New York, 2019)
9
United States v. Asgari (6th Cir., 2019)
10
U.S. v. Therrien, No. 2:19-cr-00085 (D. Vt. Mar. 13, 2019).

Simpson v. J.L. Guess et al. (Middle District of Florida, 2020)

Key Insight: Proportionality need for records not related to the claim; Relevance; Access to records; Parties resources; Whether the burden or expense of the proposed discovery outweighs it’s likely benefit

Nature of Case: Prisoner Pro Se – Unconstitutional use of excessive force by corrections officers

Electronic Data Involved: Hard copy (discipline records/ Mail logs); collection

Keywords: Compel; Sanctions; Declaration of counsel; Malicious and sadistic purpose to inflict harm; State of Mind; Veracity; narrowed requests; meet and confer;

View Case Opinion

Vaks v. Quinlan, et al. (District of Massachusetts, 2020)

Key Insight: plaintiff violated the protective order by filing a pleading attaching confidential documents

Nature of Case: employment discrimintation

Electronic Data Involved: confidential documents protected under the protective order

Keywords: protective order, confidentiality

View Case Opinion

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

View Case Opinion

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

View Case Opinion

United States v. Hoang, No. 2:17-cr-0444-TC (District of Utah, Central Division, 2019)

Key Insight: Request for email accounts at Comcast and Google

Nature of Case: Trade Secret Theft

Electronic Data Involved: archived e-mail, file backups, electronic files

Keywords: no privacy interest in [another person?s] email account, even if some of [defendant?s] emails were discovered there.

United States and State of California ex rel. Higgins v. Boston Scientific Corp., No. 11-cv-2453 (D. Minn. Aug. 28, 2019).

Key Insight: Relator in FCA case reqeusted presentations by defendant to government during governmental investigation. Judge ordered defendant to produce the presentations.

Nature of Case: False Claims Act

Electronic Data Involved: presentations to government

Keywords: FCA, False Claims Act

View Case Opinion

United States v. Connelly (S.D. New York, 2019)

Key Insight: internal investigations of private companies heavy pressure from the government creates coercive evidence

Nature of Case: criminal case, wire fraud and conspiracy to commit wire fraud and bank fraud

Electronic Data Involved: internal investigations requested by the DOJ and government entities

Keywords: internal investigation, government, DOJ

View Case Opinion

U.S. v. Therrien, No. 2:19-cr-00085 (D. Vt. Mar. 13, 2019).

Key Insight: contention that personal information was improperly subpoenaed (without a search warrant) from Google in violation of 4th amendment. Third party doctrine.

Nature of Case: transport of child pornography

Electronic Data Involved: google subscriber information, IP address information

Keywords: motion to suppress, warrantless searches, “special solicitude for location information,” no reasonable expectation of privacy

Copyright © 2021, K&L Gates LLP. All Rights Reserved.