Tag: Early Conference/Discovery Plan

1
In re Valsartan, Losartan, and Irbesartan Prods. Liab. Litig. (D.N.J. Dec. 2, 2020)
2
Noahs Wholesale, LLC v. Covington Specialty Insurance Co. (Southern District of Florida, 2020)
3
IN RE: Bard IVC Filters Products Liability Litigation (D. Arizona, 2020)
4
In re Mercedes-Benz Emissions Litig. (District of NJ, 2020)
5
In re Mercedes-Benz Emissions Litigation (D. N.J. 2020)
6
NY Machinery Inc., et al. v. The Korean Cleaners Monthly, et al (District of New Jersey, 2020)
7
Shotwell, et al. v. Zillow Group Inc., et al. (Western Washington, 2019)
8
Abdul Latif Jameel Transportation Company Limited v. FedEx Corporation, No. 19-5315 (US Court of Appeals 6th Circuit. , 2019)
9
In Re Dentsply Sirona, Inc. Shareholders Litigation (Supreme Court of NY State, 2019)
10
Dembski v. Clear Rate Communications, Inc. 18-cv-12622 (E.D. Michigan, 2019)

In re Valsartan, Losartan, and Irbesartan Prods. Liab. Litig. (D.N.J. Dec. 2, 2020)

Key Insight: Defendants violated the Court ordered ESI protocol when it unilaterally adopted a CAL platform without input from Plaintiffs. Defendants failed to timely disclose their intentions to use TAR and collaborate in good faith with Plaintiffs on the TAR platform to be used prior to implementation. Due to the cost and time required for a manual review, the Court permitted Defendants to do a TAR review of its non-responsive documents using the protocol previously negotiated but not finalized by the parties.

Nature of Case: Products Liability

Electronic Data Involved: Electronic Documents Generally

Case Summary

Noahs Wholesale, LLC v. Covington Specialty Insurance Co. (Southern District of Florida, 2020)

Key Insight: when work product doctrine comes into play

Nature of Case: theft of business property insurance claim

Electronic Data Involved: insurance file claim work product claim

Keywords: work product doctrine, anticipation of litigation

View Case Opinion

In re Mercedes-Benz Emissions Litig. (District of NJ, 2020)

Key Insight: dispute over search terms meant to identify documents

Nature of Case: environmental litigation

Electronic Data Involved: all discovery, search term protocol

Keywords: search term protocol, predictive coding, technology assisted review,

View Case Opinion

In re Mercedes-Benz Emissions Litigation (D. N.J. 2020)

Key Insight: Although TAR is widely recognized as “cheaper, more efficient, and superior to keyword searching,” the responding party may decide for themselves the best method for producing their ESI. The court will not compel the utilization of TAR but may revisit the issue if Plaintiff contends the actual production is deficient.

Nature of Case: Environmental, Class Action

Electronic Data Involved: Electronic Documents Generally

Case Summary

NY Machinery Inc., et al. v. The Korean Cleaners Monthly, et al (District of New Jersey, 2020)

Key Insight: who bears the burden of paying for translation of foreign language documents

Nature of Case: unfair competition, false advertising, defamation, false light, trade libel, and tortious interference

Electronic Data Involved: foreign language documents

Keywords: foreign language, translation, machine translation, burden to pay

View Case Opinion

Shotwell, et al. v. Zillow Group Inc., et al. (Western Washington, 2019)

Key Insight: detailed stipulation of the discovery plan

Nature of Case: violation of the securities exchange act

Electronic Data Involved: all relevant discovery

Keywords: stipulation, discovery plan

View Case Opinion

Abdul Latif Jameel Transportation Company Limited v. FedEx Corporation, No. 19-5315 (US Court of Appeals 6th Circuit. , 2019)

Key Insight: Whether the private arbitration panel in this case is considered a “foreign or international tribunal” and therefore whether discovery may be ordered under section 1782(a)

Nature of Case: contract dispute, application for arbitration discovery

Electronic Data Involved: arbitration discovery and “foreign or international tribunal”

Keywords: arbitration, ordered discovery, “foreign or international tribunal”

View Case Opinion

In Re Dentsply Sirona, Inc. Shareholders Litigation (Supreme Court of NY State, 2019)

Key Insight: Whether the stay of discovery provision can be applied to state court cases.

Nature of Case: Violations of the Securities Act of 1933

Electronic Data Involved: Stay of discovery pending a motion to dismiss

Keywords: stay of discovery, PSLRA, state v. federal court

Identified State Rule(s): PSLRA

View Case Opinion

Dembski v. Clear Rate Communications, Inc. 18-cv-12622 (E.D. Michigan, 2019)

Key Insight: whether discovery should be stayed until after dispositive motions

Nature of Case: violations of the Telephone Consumer Protection Act

Electronic Data Involved: stay of discovery

Keywords: “safe harbor” defense, stay of discovery, dispositive motions

View Case Opinion

Copyright © 2022, K&L Gates LLP. All Rights Reserved.