Tag: Cost Shifting

1
Corel Software v. Microsoft (District of Utah, 2018)
2
Price v. Synapse Grp. Inc. (Southern District California, 2018)
3
In re Catalan (E.D. Pa., 2018)
4
Mylan, Inc. v. Analysis Group, Inc., No. 18-mc-209-DDC-TJJ (D. Kan. Aug. 27, 2018)
5
Small v. Univ. Med. Ctr., No. 2:13-cv-0298-APG-PAL (D. Nev. Aug. 9, 2018)
6
Webastro Thermo & Comfort North America, Inc., et al. v. Bestop, Inc. (Eastern District of Michigan, 2018)
7
Space Data Corp. v. Google LLC, and others – 16-cv-03260 (Northern District of CA , 2018)
8
In re EpiPen (Epinephrine Injection, USP) Marketing, Sales Practices and Antitrust Litigation, MDL No. 2785 (D. Kan. May 31, 2018)
9
In re Modern Plastics Corp (U.S. Ct. App. Sixth Cir., 2018)
10
Linglong Americas Inc. v. Horizon Tire, Inc., et al., No. 1:15CV01240-DCN (N.D. Ohio Apr. 4, 2018)

Corel Software v. Microsoft (District of Utah, 2018)

Key Insight: Available resources plays into undue burden decision making and when part of the data has already been produced, relevance has already been conceded

Nature of Case: Infringement

Electronic Data Involved: Telemetry data

Keywords: Telemetry data, GPDR

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Price v. Synapse Grp. Inc. (Southern District California, 2018)

Key Insight: A part protesting specific RFPs in an ESI stipulation must show why it is unduly burdensome

Nature of Case: class action unfair competition

Electronic Data Involved: audio files, hard-copy correspondence, archived email

Keywords: pre class certification discovery, ESI protocol, ESI Stipulation, proportionality

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In re Catalan (E.D. Pa., 2018)

Key Insight: Debt from a sanction for willful/malicious conduct is dischargeable if it is based on the underlying claim

Nature of Case: Breach of Contract

Electronic Data Involved: Document showing payment to vendors, cashier’s check

Keywords: Willful and malicious

Identified State Rule(s): Pa. R. Civ. P. 4019(c)(1)-(5)

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Mylan, Inc. v. Analysis Group, Inc., No. 18-mc-209-DDC-TJJ (D. Kan. Aug. 27, 2018)

Key Insight: compliance with Rule 45 subpoena

Nature of Case: consumer protection/unfair competition

Electronic Data Involved: electronic documents

Keywords: 45(d)(3), relevancy, unretained expert information, confidential research, commercial information, cost-shifting, third party

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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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Webastro Thermo & Comfort North America, Inc., et al. v. Bestop, Inc. (Eastern District of Michigan, 2018)

Key Insight: Providing evidence of voluminous discovery allows for narrowing of search terms

Nature of Case: Patent infringement

Electronic Data Involved: Electronic documents

Keywords: Webasto, Jeep,

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Space Data Corp. v. Google LLC, and others – 16-cv-03260 (Northern District of CA , 2018)

Key Insight: whether specific discovery could be compelled to complete a deposition with no real argument of relevancy

Nature of Case: trade secret infringement

Electronic Data Involved: board minutes discussing third-party litigation funding

Keywords: Third-party litigation funding, board minutes, deposition

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In re EpiPen (Epinephrine Injection, USP) Marketing, Sales Practices and Antitrust Litigation, MDL No. 2785 (D. Kan. May 31, 2018)

Key Insight: third-party, relevancy, “objections lack support and do not adequately provide a basis for the Court to grant them”

Nature of Case: Antitrust, consumer protection, racketeering

Keywords: overbroad, unduly burdensome, boilerplate, quash

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In re Modern Plastics Corp (U.S. Ct. App. Sixth Cir., 2018)

Key Insight: Attorney’s fees for unduly burdensome third party subpoenas are compensated

Nature of Case: Trusts and estates

Electronic Data Involved: Emails

Keywords: third party, subpoena, attorney’s fees, reimbursement, cost shifting

View Case Opinion

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