Tag: Cost Shifting

1
Lotus Indus., LLC v. Archer (E.D. Mich., 2019)
2
Wild Fish Conservancy v. Cooke Aquaculture Pac. (District Court Western District of Washington, 2019)
3
Robinson v. MGM Grand Detroit, LLC (E.D. Mich., 2019)
4
OptoLum v. Cree, Inc., No, 1:17CV687 (M.D.N.C. Dec. 28, 2018)
5
TrueNorth Cos., LC v. TruNorth Warranty Plans of N. Am. (Northern District of Iowa, 2018)
6
United States v. Tennessee Walking Horse Breeders’ and Exhibitors’ Association, No. 17-5925 (6th Cir. March 8, 2018)
7
De Simone v. VSL Pharms., Inc., No. 8:15-cv-01356-TDC (D. Md. March 16, 2018)
8
In re Modern Plastics Corp. v. New Products Corp., No. 17-2256 (6th Cir. Apr. 26, 2018)
9
Experience Hendrix, L.L.C. et. al., v. Pitsicalis et al, No. 1:17-cv-01927-PAE (S.D.N.Y. Nov. 28, 2018)
10
Dunne v. Resource Converting, LLC et al., No. 4:16-cv-01351-DDN (E.D. Mo. Oct. 30, 2018)

Lotus Indus., LLC v. Archer (E.D. Mich., 2019)

Key Insight: Whether a subpoenaed third party is entitled to costs and portion of fees before engaging in document processing

Nature of Case: RICO and First Amendment Retaliation

Electronic Data Involved: documents

Keywords: fee shifting, undue burden, costs and fees

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Wild Fish Conservancy v. Cooke Aquaculture Pac. (District Court Western District of Washington, 2019)

Key Insight: Excessive document production shortly before deposition didn’t justify additional attorney’s fees

Nature of Case: industrial pollution

Electronic Data Involved: documents

Keywords: attorney’s fees, deposition, document production, inadequate preparation

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OptoLum v. Cree, Inc., No, 1:17CV687 (M.D.N.C. Dec. 28, 2018)

Key Insight: Defendant’s email archive system had had issues and was replaced before litigation filed, but servers were kept. Stubbed E-mail attachments were inaccessible. defendant showed attachments were potentially relevant and motion to compel was granted. Costs were to be split since it would be undue burden on plaintiff alone and they had not acted in bad faith.

Nature of Case: Patent Infringement

Electronic Data Involved: Stubbed E-mail Attachments

Keywords: Restoration, undue burden, bad faith, cost shifting

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TrueNorth Cos., LC v. TruNorth Warranty Plans of N. Am. (Northern District of Iowa, 2018)

Key Insight: Protective order barring opposing council from viewing confidential materials denied for being too far

Nature of Case: trademark infringement, unfair competition

Electronic Data Involved: expert information

Keywords: trademark, protective order

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United States v. Tennessee Walking Horse Breeders’ and Exhibitors’ Association, No. 17-5925 (6th Cir. March 8, 2018)

Key Insight: Provide only the information requested, especially if it is simple database records, additional work will not be compensated

Nature of Case: Horse Protection Act

Electronic Data Involved: Database records

Experience Hendrix, L.L.C. et. al., v. Pitsicalis et al, No. 1:17-cv-01927-PAE (S.D.N.Y. Nov. 28, 2018)

Key Insight: Failure to disclose computing devices or to preserve documents, and doing so intentionally led to an adverse inference

Nature of Case: Intellectual property infringement (trademark and copyright)

Electronic Data Involved: Electronic documents, text messages

Keywords: Spoliation, Hendrix, adverse inference, anti-forensic software

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Dunne v. Resource Converting, LLC et al., No. 4:16-cv-01351-DDN (E.D. Mo. Oct. 30, 2018)

Key Insight: Producing illegible, blurry, or documents in an obscure file format may require reproduction of legible versions of the documents and the costs of the motion to compel that production are on the at-fault party

Nature of Case: Contract dispute

Electronic Data Involved: Electronic documents

Keywords: Quality, blurry, black and white, color, mbox

View Case Opinion

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