Tag: Discoverability Scope, Including FRCP 26(b)(1) Scope (Prior to Dec. 1, 2015)

1
County of Cook v. Bank of America Corp. (N.D. Ill., 2019)
2
Brave Law Firm, LLC v. Truck Accident Lawyers Group, Inc., No. 17-1156-EFM (D. Kan. Sept. 20, 2019).
3
Ad Astra Recovery Services, Inc. v. Heath et al (D. Kan., 2019)
4
Stone Brewing Co., LLC v. MillerCoors LLC (Southern District of California, 2019)
5
Hawkins v. The Kroger Company (District Court of Southern California, 2019)
6
Bellenger v. Accounts Receivable Management, Inc. (S.D. Fla, 2019)
7
Pearlstein v. Blackberry Ltd. No. 13-cv-07060 (CM) (KHP), 2019 WL 4126583 (S.D.N.Y., 2019)
8
United States and State of California ex rel. Higgins v. Boston Scientific Corp., No. 11-cv-2453 (D. Minn. Aug. 28, 2019).
9
In re Apple Inc. (D. Md., 2019)
10
BlackBerry Limited v. Facebook, Inc. et al (C.D. Cal., 2019)

County of Cook v. Bank of America Corp. (N.D. Ill., 2019)

Key Insight: Absolute perfection is not a goal of the discovery process. The county’s claim of burden is unsubstantiated, there is no burden claimed but for ESI privilege review. The burden does not outweigh the proportionality here.

Nature of Case: Fair Housing Act violations

Electronic Data Involved: ESI information concerning mortgage, marketing, etc

Keywords: Proportionality, TAR, burden

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Brave Law Firm, LLC v. Truck Accident Lawyers Group, Inc., No. 17-1156-EFM (D. Kan. Sept. 20, 2019).

Key Insight: Sanctions granted for first claiming withholding all responsive documents, then claiming there were no responsive documents. Protective Order violated by using information obtained under protective order to locate public information.

Nature of Case: false advertising/trademark infringement

Electronic Data Involved: Document related to claimed settlement achieved

Keywords: privilege, sanctions

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Ad Astra Recovery Services, Inc. v. Heath et al (D. Kan., 2019)

Key Insight: ordered to produce a sample of 10 calls chosen by requesting party to see if information duplicative

Nature of Case: RICO

Electronic Data Involved: audio recordings of phone calls

Keywords: credit collector sues firm representing debtors

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Stone Brewing Co., LLC v. MillerCoors LLC (Southern District of California, 2019)

Key Insight: Requests for Production; marketing materials; Unreasonably cumulative or duplicative

Nature of Case: Trademark Infringement

Electronic Data Involved: Hard copy; Historical records; on-site inspection; Marketing materials (documents, recordings, video, displays, etc.)

Keywords: Discovery violations; adequacy of discovery responses; Vague/overbroad/burdensome/ not calculated to lead to discovery of documents relevant to claims or defenses; proportionality; access; costs/Attorney’s fees; resources; “Senior user”; Cherrypicking; Evidentiary preclusion; Court order; Representative samples

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Hawkins v. The Kroger Company (District Court of Southern California, 2019)

Key Insight: whether discovery should extend beyond the period of the statute of limitations

Nature of Case: Breach of implied warranty of merchantability

Electronic Data Involved: e-mails

Keywords: label, trans fat, heightened showing

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Bellenger v. Accounts Receivable Management, Inc. (S.D. Fla, 2019)

Key Insight: whether discovery requests are overbroad

Nature of Case: Class Action alleging violations of the Telephone Consumer Protection Act

Electronic Data Involved: documents listing people requesting not to be called and people that were called incorrectly, and people who did not have contracts with teh Defendant.

Keywords: overbroad, discovery requests, protective order, motion to compel

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United States and State of California ex rel. Higgins v. Boston Scientific Corp., No. 11-cv-2453 (D. Minn. Aug. 28, 2019).

Key Insight: Relator in FCA case reqeusted presentations by defendant to government during governmental investigation. Judge ordered defendant to produce the presentations.

Nature of Case: False Claims Act

Electronic Data Involved: presentations to government

Keywords: FCA, False Claims Act

View Case Opinion

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