Tag: Deleted Data

1
Herzig et al. v. Arkansas Foundation for Medical Care Inc. (District Court of Western Arkansas, 2019)
2
International Financial Co. LLC v. Jabali-Jeter (District Court of Eastern Pennsylvania, 2019)
3
Miller v. Thompson-Walk (District Court of Western Pennsylvania, 2019)
4
WILLIAMS v. UNITED STATES OF AMERICA et al (D. D.C., 2019)
5
Envy Hawaii, LLC v. Volvo Car USA LLC, No. 17-00040 HG-RT (D. Haw. Mar. 20, 2019)
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Ennis-Flint, Inc. v. Greer No. 18-CVS-3612, 2019 NCBC 11 (N.C. Business Court Feb. 4, 2019)
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OptoLum v. Cree, Inc., No, 1:17CV687 (M.D.N.C. Dec. 28, 2018)
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Folino v. Hines (District Court of Western District of Pennsylvania, 2018)
9
In re Correra, No. 16-br-30728 (N.D. Tex. Bankr. Aug. 21, 2018)
10
Small v. Univ. Med. Ctr., No. 2:13-cv-0298-APG-PAL (D. Nev. Aug. 9, 2018)

Herzig et al. v. Arkansas Foundation for Medical Care Inc. (District Court of Western Arkansas, 2019)

Key Insight: Responsive communications were intentionally withheld and destroyed when the plaintiffs switched to an encrypted communication app

Nature of Case: wrongful termination and age discrimination

Electronic Data Involved: emails, text messages.

Keywords: Intentional spoliation, bad faith, encrypted communication application

View Case Opinion

Envy Hawaii, LLC v. Volvo Car USA LLC, No. 17-00040 HG-RT (D. Haw. Mar. 20, 2019)

Key Insight: failure to preserve electronically stored information. Claim that no spoliation occurred because records are available from 3rd parties. Under 37(e), information is lost only if it is irretrievable from another source.

Nature of Case: Improper business practices

Electronic Data Involved: google email accounts and electronic dealer management system records

Keywords: failure to preserve. “it cannot be restored or replaced through additional discovery.” FRCP 37(e)

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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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In re Correra, No. 16-br-30728 (N.D. Tex. Bankr. Aug. 21, 2018)

Key Insight: spoliation sanctions

Nature of Case: bankruptcy proceeding

Electronic Data Involved: deleted electronic records

Keywords: spoliation, bad faith, inherent power to sanction, legal fees, intent to deprive

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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

View Case Opinion

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