Tag: Data Preservation

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United States v. Philip Morris USA Inc., 327 F. Supp. 2d 21 (D.D.C. 2004)
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Century ML-Cable Corp. v. Carrillo, 43 F. Supp. 2d 176 (D.P.R. 1998)
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Ill. Tool Works, Inc. v. Metro Mark Prods., Ltd., 43 F. Supp. 2d 951 (N.D. Ill. 1999)
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Stevenson v. Union Pac. R.R. Co., 354 F.3d 739 (8th Cir. 2004)
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Metro. Opera Ass?n, Inc. v. Local 100, 2004 WL 1943099 (S.D.N.Y. Aug. 27, 2004)
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William T. Thompson Co. v. Gen. Nutrition Corp., Inc., 593 F. Supp. 1443 (C.D. Cal. 1984)
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In re CI Host, Inc., 92 S.W.3d 514 (Tex. 2002)
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Propath Services, L.L.P. v. Ameripath, Inc., 2004 WL 2389214 (N.D. Tex. Oct. 21, 2004)
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Inst. for Motivational Living, Inc. v. Doulos Inst. for Strategic Consulting, Inc., 2004 WL 2241745 (3rd Cir. Oct. 5, 2004) (Unpublished)
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Strasser v. Yalamanchi, 783 So.2d 1087 (Fla. Dist. Ct. App. 2001)

United States v. Philip Morris USA Inc., 327 F. Supp. 2d 21 (D.D.C. 2004)

Key Insight: Finding it “astounding” that defendant’s employees failed to follow court’s preservation order and defendant’s own document retention policies, court rejected plaintiff’s request for adverse inference but imposed monetary sanction of $2,750,000 and barred testimony from at least 11 witnesses who failed to comply with defendant’s own internal document retention program

Nature of Case: Tobacco litigation

Electronic Data Involved: Email

Century ML-Cable Corp. v. Carrillo, 43 F. Supp. 2d 176 (D.P.R. 1998)

Key Insight: Default judgment entered against defendant and attorneys’ fees awarded to plaintiff, pursuant to Fed. R. Civ. P. 37, for defendant’s willful and intentional destruction of laptop presumably containing crucial evidence of defendant’s decoder key modification programs, sale records and customer lists

Nature of Case: Cable TV provider sued businessman for cable TV theft

Electronic Data Involved: Laptop

Ill. Tool Works, Inc. v. Metro Mark Prods., Ltd., 43 F. Supp. 2d 951 (N.D. Ill. 1999)

Key Insight: Defendant’s failure to preserve integrity of computer (dropping it repeatedly and apparent tampering, including disconnecting internal cables prior to court-ordered inspection) and failure to produce responsive electronic material warranted monetary sanctions

Nature of Case: Misappropriation of trade secrets

Electronic Data Involved: Hard drive, deleted files, electronically stored invoices

Stevenson v. Union Pac. R.R. Co., 354 F.3d 739 (8th Cir. 2004)

Key Insight: Adverse inference jury instruction against defendant for its prelitigation destruction of tape-recorded voice radio communications between train crew and dispatchers on date of collision was proper, but refusal to permit testimony offered by defendant to rebut the adverse inference was abuse of discretion

Nature of Case: Negligence

Electronic Data Involved: Tape-recorded voice radio communications

Metro. Opera Ass?n, Inc. v. Local 100, 2004 WL 1943099 (S.D.N.Y. Aug. 27, 2004)

Key Insight: On defendant’s motion for reconsideration, court again described numerous discovery failings by the defendants, concluded that it would adhere to its prior decision at 212 F.R.D. 178, and further rejected two new arguments belatedly advanced by defendant relating the merits of plaintiff’s underlying claims

Nature of Case: Opera company sued union

Electronic Data Involved: Email and electronic documents; hard drives

William T. Thompson Co. v. Gen. Nutrition Corp., Inc., 593 F. Supp. 1443 (C.D. Cal. 1984)

Key Insight: Defendant’s discovery abuse and destruction of evidence warranted monetary sanctions and default judgment

Nature of Case: Antitrust

Electronic Data Involved: Sales and inventory data

In re CI Host, Inc., 92 S.W.3d 514 (Tex. 2002)

Key Insight: Texas Supreme Court denied defendant’s request for mandamus relief, finding that trial court did not abuse discretion in ordering production of backup tapes since defendant failed to support its objections as required by Tex. R. Civ. P. 193.4(a)

Nature of Case: Class action against web host alleging contract breach, negligence and violation of Deceptive Trade Practices Act

Electronic Data Involved: Backup tapes

Propath Services, L.L.P. v. Ameripath, Inc., 2004 WL 2389214 (N.D. Tex. Oct. 21, 2004)

Key Insight: Court entered preliminary injunction prohibiting defendants from, among other things, deleting, destroying or altering any document, email or computer drive containing any ProPath or ProPath related information, and required defendants to segregate said items into a confidential file not to be used in their business

Nature of Case: Contract breach, misappropriation of confidential information, breach of fiduciary duty

Electronic Data Involved: Email and other electronic files

Inst. for Motivational Living, Inc. v. Doulos Inst. for Strategic Consulting, Inc., 2004 WL 2241745 (3rd Cir. Oct. 5, 2004) (Unpublished)

Key Insight: Appellate court ruled that trial court did not err in awarding sanctions and finding defendant in civil contempt where, moments before he signed settlement agreement and in violation of discovery preservation order, defendant deleted files from laptop that was to be returned to plaintiff; however, case would be remanded so that trial court could determine what amount of attorneys’ fees fairly reflect compensation for defendant’s contumacious conduct

Nature of Case: Copyright and trademark infringement, misappropriation of trade secrets

Electronic Data Involved: Files stored on laptop computer

Strasser v. Yalamanchi, 783 So.2d 1087 (Fla. Dist. Ct. App. 2001)

Key Insight: Affirming jury award for plaintiff, where plaintiff had been permitted to add claim for negligent destruction of evidence based on defendant’s failure to preserve electronic records and computer hard drive, court found no error in allowing plaintiff to introduce at trial evidence of defendant’s discovery misconduct. Court further concluded that strong statements of disapproval of defendant’s discovery abuses did not require trial judge’s recusal.

Nature of Case: Breach of contract suit between former partners

Electronic Data Involved: Computer hard drive

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