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

1
D.M. v. Wesley Med. Ctr. LLC (D. Kan, 2019)
2
Tanner v. BD LaPlace, LLC, No. 2:17-cv-05141-MLCF-MBN (E.D. La. July 23, 2018)
3
Hinostroza v. Denny’s Inc., No. 2:17-cv-02561-RFB-NJK (D. Nev. June 29, 2018)
4
Ramos v. Hopele of Fort Lauderdale, LLC., No. 0:17-cv-62100-FAM (S.D. Fla. March 19, 2018)
5
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)
6
Winfield v. City of New York, No. 1:15-cv-05236-LTS-KHP (S.D.N.Y. Nov. 27, 2017)
7
Fairholme Funds, Inc. v. United States, No. 1:13-cv-0465-MMS (Fed. Cl. Oct. 3, 2016)
8
Rembrandt Diagnostics, LP v. Innovacon, Inc., No. 3:16-cv-00698-CAB-NLS (S.D. Cal. Feb. 21, 2018)
9
Oxbow Carbon & Minerals LLC v. Union Pac. R.R., No. 1:11-cv-01049-PLF-GMH (D.D.C. Sept. 11, 2017)
10
Mann, et al. v. City of Chicago, et al., No. 1:13-cv-04531 (N.D. Ill. Sept. 8, 2017)

D.M. v. Wesley Med. Ctr. LLC (D. Kan, 2019)

Key Insight: Privileged docs based on only state law must be produced in a case with both federal and state claims

Nature of Case: Medical malpractice

Electronic Data Involved: Responsive documents

Keywords: Privilege, state law

Identified State Rule(s): K.S.A. section 65-4925(a)

Identified Federal Rule(s): FRCP 26(b)

View Case Opinion

Tanner v. BD LaPlace, LLC, No. 2:17-cv-05141-MLCF-MBN (E.D. La. July 23, 2018)

Key Insight: Whether discovery of requested records is relevant and proportional, whether privilege as regards medical records is waived when a plaintiff puts his/her medical condition at issue

Nature of Case: ADA disability discrimination

Electronic Data Involved: medical and financial records

Keywords: relevant, proportional, ADA, privilege, admissibility, mental condition

View Case Opinion

Hinostroza v. Denny’s Inc., No. 2:17-cv-02561-RFB-NJK (D. Nev. June 29, 2018)

Key Insight: Defendant’s motion (granted) to compel discovery from various plaintiff sources of ESI, including social media accounts.

Nature of Case: slip and fall injuries

Electronic Data Involved: emails, text messages, FitBit, social media

Keywords: slip and fall, social media, reflective of an individual’s contemporaneous emotions and mental state.

View Case Opinion

Ramos v. Hopele of Fort Lauderdale, LLC., No. 0:17-cv-62100-FAM (S.D. Fla. March 19, 2018)

Key Insight: Forensic examination must be proportional to the information it can exclusively gain, including privacy concerns

Nature of Case: Telephone Consumer Protection Act (Class Action)

Electronic Data Involved: Text messages

Keywords: Text messages, imaging, forensic, proportionality

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

Winfield v. City of New York, No. 1:15-cv-05236-LTS-KHP (S.D.N.Y. Nov. 27, 2017)

Key Insight: Methodologies behind TAR are privileged (especially the seed set), the court may also perform in camera review to determine the competency of TAR if necessary, poor TAR practices may allow opposing counsel to set parameters

Nature of Case: Fair Housing Act

Electronic Data Involved: Electronic documents

Keywords: TAR, FHA, discrimination, predictive coding, in camera review

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Fairholme Funds, Inc. v. United States, No. 1:13-cv-0465-MMS (Fed. Cl. Oct. 3, 2016)

Key Insight: 1500 documents withheld as privileged under procedures in FRE 502 (d);

Nature of Case: Fifth Amendment, taking private property without just compensation

Electronic Data Involved: 1500 documents

Keywords: quick peek, privileged, taking, unjust compensation

View Case Opinion

Rembrandt Diagnostics, LP v. Innovacon, Inc., No. 3:16-cv-00698-CAB-NLS (S.D. Cal. Feb. 21, 2018)

Key Insight: demand for irrelevant and disproportionate evidence

Nature of Case: breach of patent agreement

Electronic Data Involved: 300 GB emails

Keywords: irrelevant, patent infringement, reasonable limits on discovery

View Case Opinion

Oxbow Carbon & Minerals LLC v. Union Pac. R.R., No. 1:11-cv-01049-PLF-GMH (D.D.C. Sept. 11, 2017)

Key Insight: ability to afford production, parties access to the relevant documents, impact on third parties

Nature of Case: Antitrust

Electronic Data Involved: 467,614 documents from electronic and physical files, 130 GB additional documents

Keywords: scope of discovery, antitrust, Sherman, cost/benefit

View Case Opinion

Mann, et al. v. City of Chicago, et al., No. 1:13-cv-04531 (N.D. Ill. Sept. 8, 2017)

Key Insight: Failing to prove even an estimate of the burden costs of discovery will not protect against discovery

Nature of Case: Civil rights (police misconduct)

Electronic Data Involved: Emails

Keywords: Homan square, Chicago Police Department, off the grid,

View Case Opinion

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