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

1
Oppenheimer v. Episcopal Communicators (Western District of North Carolina, 2020)
2
Denson v. Corp. of the President of the Church of Jesus Christ of Latter-Day Saints (D. Utah, 2020)
3
D.M. v. Wesley Med. Ctr. LLC (D. Kan, 2019)
4
Tanner v. BD LaPlace, LLC, No. 2:17-cv-05141-MLCF-MBN (E.D. La. July 23, 2018)
5
Hinostroza v. Denny’s Inc., No. 2:17-cv-02561-RFB-NJK (D. Nev. June 29, 2018)
6
Ramos v. Hopele of Fort Lauderdale, LLC., No. 0:17-cv-62100-FAM (S.D. Fla. March 19, 2018)
7
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)
8
Winfield v. City of New York, No. 1:15-cv-05236-LTS-KHP (S.D.N.Y. Nov. 27, 2017)
9
Fairholme Funds, Inc. v. United States, No. 1:13-cv-0465-MMS (Fed. Cl. Oct. 3, 2016)
10
Rembrandt Diagnostics, LP v. Innovacon, Inc., No. 3:16-cv-00698-CAB-NLS (S.D. Cal. Feb. 21, 2018)

Oppenheimer v. Episcopal Communicators (Western District of North Carolina, 2020)

Key Insight: A non-moving party’s objections to discovery need to be more than boilerplate and must be specific

Nature of Case: Copyright infringement (DMCA)

Electronic Data Involved: Electronic documents generally

Keywords: Copyright, DMCA, photographs, Oppenheimer,

View Case Opinion

Denson v. Corp. of the President of the Church of Jesus Christ of Latter-Day Saints (D. Utah, 2020)

Key Insight: Plaintiff’s explanation regarding loss of evidence had changed and court ruled that defendant was entitled to have a third party collect and preserve the evidence. Plaintiff offered passwords to accounts, but court was concerned about possible destruction given Plaintiff’s changing explanation regarding social media accounts and recording.

Nature of Case: Sexual Assault

Electronic Data Involved: Electronic Devices and Cloud Based Accounts; Recording of conversation

Keywords: invasion of privacy, loss of evidence

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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

View Case Opinion

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

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