Tag: FRCP 34(c) Objections

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Taylor v. Kilmer (Northern District of Illionis, 2020)
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Hawkins v. The Kroger Company (District Court of Southern California, 2019)
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BARKER v. KAPSCH TRAFFICCOM USA, INC. et al (S.D. Ind., 2019)
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Adacel, Inc. et al v. Adsync Technologies, Inc. (M.D. Fla., 2019)
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Klein v. Affiliated Group, Inc. (D. Minn., 2019)
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Wentz v. Project Veritas et al (M.D. Fla., 2019)
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DR Distrib., LLC v. 21 Century Smoking, Inc. (N.D. Ill., 2019)
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Gabiola et al v. Keesee et al (N.D. Ill., 2019)
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RightCHOICE Managed Care, Inc., et al. v. Hospital Partners, Inc., et al. (W.D. MO, 2019)
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Nuvasive, Inc. v. Alphatec Holdings, Inc. et al (S.D. Cal., 2018)

Taylor v. Kilmer (Northern District of Illionis, 2020)

Key Insight: argue that those requests and subpoenas are overly broad

Nature of Case: Motor vehicle accident negligence, personal injury

Electronic Data Involved: medical bills, records, and data for treatment received over a year before incident pertaining to rate of reimbursement

Keywords: subpoena, provider billing structure, medical billing and records, overly broad and burdensome

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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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Adacel, Inc. et al v. Adsync Technologies, Inc. (M.D. Fla., 2019)

Key Insight: general objections overruled and defendant ordered to produce records relating to profits, but does not have to disclose all documents relating to “methods of calculating” profits beyond what is necessary to understand

Nature of Case: Misappropriation of trade secrets

Electronic Data Involved: business records re profits

Keywords: general objection,

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Klein v. Affiliated Group, Inc. (D. Minn., 2019)

Key Insight: communication between agency and client relevant but too burdensome in relation to claims

Nature of Case: Fair Debt Collection Practices Act (FDCPA)

Electronic Data Involved: communication between collection agency and hospitals

Keywords: hospital collections

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Wentz v. Project Veritas et al (M.D. Fla., 2019)

Key Insight: objection that requests are not relevant because requesting party’s defense is meritless is sanctionable

Nature of Case: interception of communication, defamation

Electronic Data Involved: email, text messages, calendars

Keywords: improper objection sanctioned

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DR Distrib., LLC v. 21 Century Smoking, Inc. (N.D. Ill., 2019)

Key Insight: Plaintiffs object to dismissal of a counterclaim against them because Defendant’s desire to dismiss the claim is related to loss of relevant ESI

Nature of Case: defamation, trademark infringement

Electronic Data Involved: E-mail, instant messages

Keywords: counterclaim, motion to amend, diligent, dismissal

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RightCHOICE Managed Care, Inc., et al. v. Hospital Partners, Inc., et al. (W.D. MO, 2019)

Key Insight: objections to requests for production, overly broad requests, overly broad objections, merit-less objections

Nature of Case: Hospital Fraud, laboratory tests billing scheme, insurance fraud

Electronic Data Involved: Billing data, invoices, financial records

Keywords: fifth amendment, overly broad, unduly burdensome, preservation efforts, retention notice, objection specificity

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Nuvasive, Inc. v. Alphatec Holdings, Inc. et al (S.D. Cal., 2018)

Key Insight: Objection to RFP unreasonable on basis that opposing party failed to provide search terms since each party has independent obligation to produce relevant documents but noted failure to participate

Nature of Case: Patent infringement

Electronic Data Involved: emails and business records

Keywords: search terms

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