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

1
Rhone-Poulenc Rorer, Inc. v. Home Indem. Co., 1991 WL 111040 (E.D. Pa. June 17, 1991)
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In re Worldcom, Inc. Sec. Litig., 2004 WL 1068032 (S.D.N.Y. May 13, 2004)
3
Georgia Emission Testing Co. v. Reheis, 602 S.E.2d 153 (Ga. Ct. App. 2004)
4
Williams v. Owens-Illinois, Inc., 665 F.2d 918 (9th Cir. 1982)
5
Rowe Entm?t, Inc. v. William Morris Agency, Inc., 2002 WL 975713 (S.D.N.Y. May 9, 2002)
6
York v. Hartford Underwriters Ins. Co., 2002 WL 31465306 (N.D. Okla. Nov. 4, 2002)
7
Glover v. Standard Fed. Bank, 2001 WL 34635710 (D. Minn. Nov. 9, 2001)

Rhone-Poulenc Rorer, Inc. v. Home Indem. Co., 1991 WL 111040 (E.D. Pa. June 17, 1991)

Key Insight: Court rejected insurers’ contentions that requested discovery was impossible insofar as they were grounded in the particular manner in which defendants maintain their records and computer systems; cost of discovery to be borne by insurers, but plaintiffs to pay costs of copying documents selected

Nature of Case: Declaratory judgment re insurance coverage

Electronic Data Involved: Insurance information from claim files

In re Worldcom, Inc. Sec. Litig., 2004 WL 1068032 (S.D.N.Y. May 13, 2004)

Key Insight: Parties ordered to resolve, within five days, scope of electronic discovery to be made by each plaintiff through the completion of the meet and confer process; if no resolution reached, hearing to be held six days later to resolve outstanding issues

Nature of Case: Individual securities fraud actions

Electronic Data Involved: Electronic discovery

Georgia Emission Testing Co. v. Reheis, 602 S.E.2d 153 (Ga. Ct. App. 2004)

Key Insight: Trial court abused its discretion in ordering parties to share costs of requested discovery equally, and should have ordered the requesting party to bear full cost where requested information should have been available in the requesting party?s own records, and the request involved the creation of a report that otherwise did not exist, and had to be specially created by a nonparty contractor at significant cost

Nature of Case: Suit to recover fees improperly assessed pursuant to Motor Vehicle Emission Inspection and Maintenance Act

Electronic Data Involved: Special report extracted from massive database of information

Williams v. Owens-Illinois, Inc., 665 F.2d 918 (9th Cir. 1982)

Key Insight: Court did not abuse discretion in denying request for computer tapes where requesting party already possessed all information from tapes on wage cards and were not deprived of any data

Electronic Data Involved: Computer tapes containing wage information

Rowe Entm?t, Inc. v. William Morris Agency, Inc., 2002 WL 975713 (S.D.N.Y. May 9, 2002)

Key Insight: District judge upheld magistrate’s decision

Nature of Case: Concert promoters sued booking agencies and other promoters for discriminatory and anti-competitive practices

Electronic Data Involved: Email stored on backup tapes and hard drives

York v. Hartford Underwriters Ins. Co., 2002 WL 31465306 (N.D. Okla. Nov. 4, 2002)

Key Insight: Defendant required to produce documents regarding use of software program and designate Rule 30(b)(6) witness to testify about defendant’s use of software program; defendant allowed to submit protective order “to safeguard divulgence of such information to third parties”

Nature of Case: Insurance bad faith

Electronic Data Involved: Colossus computer software program used by insurance industry to evaluate claims

Glover v. Standard Fed. Bank, 2001 WL 34635710 (D. Minn. Nov. 9, 2001)

Key Insight: Where evidence showed there was no feasible and economic electronic means by which certain data could be produced, court ruled that, to the extent defendants intended to introduce evidence related to such data at trial, defendants would be required to produce all such evidence, documentary, electronic or otherwise, upon which they intend to rely

Nature of Case: Class action

Electronic Data Involved: Information regarding damages, offsets and class member eligibility

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