Tag: Admissibility

1
U.S. v. Therrien, No. 2:19-cr-00085 (D. Vt. Mar. 13, 2019).
2
United States v. Kemp (E.D. Mich., 2018)
3
Sines v. Kessler, No, 3:18-mc-80080-JCS (N.D. Cal. Aug. 6, 2018)
4
United States v. Tolbert (No. 14-3761 (D.N.M. July 27, 2018), 2018)
5
Finch v. BASF Catalysts LLC (M.D.N.C., 2018)
6
Wooten v. BNSF Railway Company (D. Mont., 2018)
7
DNC Parks & Resorts at Yosemite, Inc. v. United States (Fed. Cl. , 2018)
8
Allstate Insurance Co. v. Papanek (No. 3:15-cv-240, 2018 (S.D. Ohio Jan. 5, 2018), 2018)
9
Westfield Ins. Co. v. Icon Legacy Custom Modular Homes, 321 F.R.D. 107 (4:15-cv-00539) (M.D. Pa. 2017).
10
Lindsey v. Butterfield Health Care II, Inc (Ill. App. , 2017)

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

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

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United States v. Tolbert (No. 14-3761 (D.N.M. July 27, 2018), 2018)

Key Insight: Whether a search warrant was necessary to ascertain the Defendant’s personal information from a non-governmental third party organization that was forwarded e-mails containing evidence that Defendant possessed child pornography

Nature of Case: criminal prosecution – child pornography

Electronic Data Involved: e-mails, personally identifying information attached to e-email account

Keywords: “The Fourth Amendment to our Constitution protects persons against unreasonable searches and seizures”, “Tolbert moves to suppress”, “Motion to Suppress Evidence”

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DNC Parks & Resorts at Yosemite, Inc. v. United States (Fed. Cl. , 2018)

Key Insight: whether the US could discover communications and documents regarding a non-testifying expert’s valuation of IP in question

Nature of Case: intellectual property (IP)

Electronic Data Involved: e-mail, documents

Keywords: non-testifying expert

Identified Local Court Rule(s): RCFC 26(c); RCFC 45(d)(3)

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Allstate Insurance Co. v. Papanek (No. 3:15-cv-240, 2018 (S.D. Ohio Jan. 5, 2018), 2018)

Key Insight: whether there was accessibility problems or undue burden or cost associated with turning over phones and computers for forensic imaging; also, whether it was sufficient to have plaintiff’s employee’s conduct a search for responsive ESI

Nature of Case: breach of contract, tortious interference

Electronic Data Involved: e-mails, phone messages, physical computers and cellphones and their data

Keywords: “former business relationship”, “information may be discoverable even if not ultimately admissible into evidence”, “Allstate, however, agreed to produce responsive information within its custody”

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Westfield Ins. Co. v. Icon Legacy Custom Modular Homes, 321 F.R.D. 107 (4:15-cv-00539) (M.D. Pa. 2017).

Key Insight: Contract was not ambiguous so extrinsic evidence not admissable. Therefore discovery of file was not proportional or calculated to lead to admissable evidence.

Nature of Case: declaratory judgment and bad faith

Electronic Data Involved: underwriters claim file

Keywords: admissability; proportionality; extrinsic evidence

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