Admissibility – Electronic Discovery Law

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

Mar 20 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;

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IN RE: Bard IVC Filters Products Liability Litigation (D. Arizona, 2020)

Mar 05 2020

Key Insight: “No-eyes-on” document production;

Nature of Case: Products Liability MDL

Electronic Data Involved: Hard copy and ESI productions;

Keywords: MDL; Discovery orders; Production

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

Feb 24 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

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Grande v. U.S. Bank National Association (W.D. Wash. 2020)

Feb 20 2020

Key Insight: The requested business guidelines were relevant. The scope of discovery is very broad. A request for discovery is relevant “unless it is clear that the information sought can have no possible bearing upon the subject matter of the action.”

The court declined to find the guidelines so confidential that they cannot be produced. Defendants did not move for a protective order nor did they provide any evidence of harm that would result from producing the guidelines.

Attorney fees were awarded to Plaintiff because Defendant caused substantial delay in responding to discovery despite Plaintiff’s multiple good faith attempts to obtain the requested discovery.

Nature of Case: Breach of Contract

Electronic Data Involved: Business Guidelines, Business Policies

Case Summary

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

Jan 13 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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Dorfman v. Albertsons LLC (district of Idaho, 2020)

Jan 07 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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United States v. Hoang, No. 2:17-cr-0444-TC (District of Utah, Central Division, 2019)

Nov 04 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).

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

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

May 31 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

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United States v. Asgari (6th Cir., 2019)

Mar 19 2019

Key Insight: The court reversed the suppression of emails due to Leon good faith exception

Nature of Case: Visa fraud, Trade secrets

Electronic Data Involved: e-mails

Keywords: Probable cause, Leon good faith exception

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Tag:Admissibility