Tag: FRCP 26(b)(2)(C) Limitations

1
Polaris Indus. v. Arctic Cat (Minnesota District, 2018)
2
Trainer v. Continental Carbonic Products, Inc., No. 16-cv-4335 (D. Minn. June 15, 2018)
3
Delago v. Tarabochia (No. C17-1822RSL (W.D. Wash. May 4, 2018), 2018)
4
DNC Parks & Resorts at Yosemite, Inc. v. United States (Fed. Cl. , 2018)
5
Ortolani v. Freedom Mortgage Corp., No. 17-cv-1462-JGB (KKK) (C.D. Cal. Apr. 4, 2018)
6
Performance Pulsation Control, Inc. v. Sigma Drilling Techs., LLC, et al., No. 4:17-CV-00450 (E.D. Tex. Feb. 13, 2018)
7
Allstate Insurance Co. v. Papanek (No. 3:15-cv-240, 2018 (S.D. Ohio Jan. 5, 2018), 2018)
8
Firefighter’s Retirement System, et al, v. Citco Group Limited, et al., No. 3:13-cv-00373-SDD-EWD (M.D. La. Jan. 3, 2018)
9
Landry v. Swire Oilfield Servs. (New Mexico District Court, 2018)
10
Am. Auto. Ins. Co. v. Hawaii Nut & Bolt, Inc., No. 15-00245 ACK-KSC, 2017 WL 80248 (D. Hawai?I Jan. 9, 2017)

Polaris Indus. v. Arctic Cat (Minnesota District, 2018)

Key Insight: After later learning the theory recovering lost profits is based on, parties must rely on documents produced during discovery

Nature of Case: patent infringement

Electronic Data Involved: Documents

Keywords: recovering lost profits, inexorable-flow theory damages, scope of discovery

View Case Opinion

Trainer v. Continental Carbonic Products, Inc., No. 16-cv-4335 (D. Minn. June 15, 2018)

Key Insight: proportionality, spoliation sanctions

Nature of Case: wrongful termination

Electronic Data Involved: text messages, e-mails

Keywords: spoliation, forensic imaging, relevance, duty to preserve, intent to deprive, prejudice, attorney’s fees

View Case Opinion

Delago v. Tarabochia (No. C17-1822RSL (W.D. Wash. May 4, 2018), 2018)

Key Insight: whether certain ESI production requests relating to ESI created both before and after a personal injury incident are proportional to the needs of the case

Nature of Case: personal injury, Jones Act

Electronic Data Involved: text messages, call logs, roaming data logs, phone account information, credit card transaction history, bank account transaction history

Keywords: “defendants are fishing”, ” balance of the benefits and burdens of these post-incident discovery requests are not in defendants’ favor”, “wheelhouse”

View Case Opinion

DNC Parks & Resorts at Yosemite, Inc. v. United States (Fed. Cl. , 2018)

Key Insight: whether the US could discover communications and documents regarding a non-testifying expert’s valuation of IP in question

Nature of Case: intellectual property (IP)

Electronic Data Involved: e-mail, documents

Keywords: non-testifying expert

Identified Local Court Rule(s): RCFC 26(c); RCFC 45(d)(3)

View Case Opinion

Ortolani v. Freedom Mortgage Corp., No. 17-cv-1462-JGB (KKK) (C.D. Cal. Apr. 4, 2018)

Key Insight: proportionality, privacy

Nature of Case: labor dispute, class action

Electronic Data Involved: payroll records, electronic documents

Keywords: class action certification, relevance, overbroad

View Case Opinion

Performance Pulsation Control, Inc. v. Sigma Drilling Techs., LLC, et al., No. 4:17-CV-00450 (E.D. Tex. Feb. 13, 2018)

Key Insight: Broad requests by Plaintiff were narrowed by conference and court decision to time period during and after Defendant’s employment

Nature of Case: Misappropriation of Trade Secrets and Confidential Information

Electronic Data Involved: E-mails and Documents

Keywords: proportionality, relevancy, time-limited

View Case Opinion

Allstate Insurance Co. v. Papanek (No. 3:15-cv-240, 2018 (S.D. Ohio Jan. 5, 2018), 2018)

Key Insight: whether there was accessibility problems or undue burden or cost associated with turning over phones and computers for forensic imaging; also, whether it was sufficient to have plaintiff’s employee’s conduct a search for responsive ESI

Nature of Case: breach of contract, tortious interference

Electronic Data Involved: e-mails, phone messages, physical computers and cellphones and their data

Keywords: “former business relationship”, “information may be discoverable even if not ultimately admissible into evidence”, “Allstate, however, agreed to produce responsive information within its custody”

View Case Opinion

Firefighter’s Retirement System, et al, v. Citco Group Limited, et al., No. 3:13-cv-00373-SDD-EWD (M.D. La. Jan. 3, 2018)

Key Insight: Mass email to all employees of a company asking for information is not proportional, especially when custodians and search terms have already been established

Nature of Case: Securities (retirement fund investment loss)

Electronic Data Involved: Electronic documents, emails

Keywords: discovery, mass email, proportional, retirement,

View Case Opinion

Landry v. Swire Oilfield Servs. (New Mexico District Court, 2018)

Key Insight: Courts should be less involved in discovery dispute regarding ESI despite recent FRCP amendments

Nature of Case: Labor Standards Class Action

Electronic Data Involved: third party electronic payroll data

Keywords: FRCP 2015 amendments, electronically readable fomat

View Case Opinion

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