Tag:Inspection

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Frees, Inc. v. McMillian, 2007 WL 1308388 (W.D. La. May 1, 2007)
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Peterson v. Union Pacific R.R. Co., 2007 WL 3232501 (C.D. Ill. Nov. 1, 2007
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Woodburn Const. Co. v. Encon Pacific, LLC, 2007 WL 1287845 (W.D. Wash. Apr. 30, 2007)
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In re EZ Pay Servs., Inc., 380 B.R. 861 (Bankr. M.D. Fla. 2007)
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Ameriwood Indus., Inc. v. Liberman, 2007 WL 685623 (E.D. Mo. Feb. 23, 2007)
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Lamb v. Maloney, 850 N.Y.S.2d 138 (N.Y. App. Div. 2007)
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Thompson v. Harding Univ., 2007 WL 2081695 (E.D. Ark. July 20,2007)
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Bishop v. Toys ?R? US-NY, LLC, 2007 WL 2042913 (S.D.N.Y. July 13, 2007)
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Doe v. Morey Charter Sch., 2007 WL 2331864 (E.D. Mich. Aug. 14, 2007)
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RMS Servs.-USA, Inc. v. Houston, 2007 WL 1058923 (E.D. Mich. Apr. 5, 2007)

Frees, Inc. v. McMillian, 2007 WL 1308388 (W.D. La. May 1, 2007)

Key Insight: District court upheld magistrate judge’s January 22, 2007 memorandum order and related protective order, as such orders were not clearly erroneous or contrary to law

Nature of Case: Design firm sued former vice president under Computer Fraud and Abuse Act

Electronic Data Involved: Former employee’s home computer and new work computer

Peterson v. Union Pacific R.R. Co., 2007 WL 3232501 (C.D. Ill. Nov. 1, 2007

Key Insight: Court granted in part plaintiffs’ motion to enter and inspect crossing area and directed defendant to arrange for an employee to be on-site during the inspection to provide a download of all available date from event recorders and other components and equipment of the crossing signal system stored on-site; court denied motion to compel production of particular employee’s computer since the computer had been returned to a vendor and defendant had already produced a copy of computer’s hard drive

Nature of Case: Claims arising from collision between freight train and automobile

Electronic Data Involved: Data from event recorders and other components and equipment of the crossing signal system

In re EZ Pay Servs., Inc., 380 B.R. 861 (Bankr. M.D. Fla. 2007)

Key Insight: Court approved Trustee?s request for permission to pay computer forensics expert $70,000 as a necessary cost and expense of preserving the estate, where recovery of deleted electronic information was necessary to enable Trustee to locate and administer valuable assets of estate and to understand debtor’s prepetition transactions, and where expert?s services provided a concrete benefit for the estate since approximately $400,000 in assets was recovered by Trustee as a result

Nature of Case: Bankruptcy case

Electronic Data Involved: 14 hard drives; deleted data

Ameriwood Indus., Inc. v. Liberman, 2007 WL 685623 (E.D. Mo. Feb. 23, 2007)

Key Insight: On joint motion for clarification of court’s December 27, 2006 order, court approved parties’ agreed search term protocol but denied plaintiff’s request for list of ?hits? generated by searches; court further approved joint request for expert to provide information concerning defendants’ usage of their computer equipment, specifically: (1) use of erasure software or ?defragmentation? software; (2) use of detachable, portable storage media to access or download files; (3) evidence of mass deletions of files; and (4) evidence of large gaps in the contents of the files

Nature of Case: Misappropriation of trade secrets

Electronic Data Involved: Hard drives, deleted email and other files

Lamb v. Maloney, 850 N.Y.S.2d 138 (N.Y. App. Div. 2007)

Key Insight: Trial court did not err in denying without prejudice plaintiff?s motion, based on spoliation of evidence, to strike defendants? answers or preclude defendants? use of office records to support their defenses; however, court did err in not granting alternative relief requested, i.e., compelling additional discovery, including depositions of certain witnesses, production of records, and inspection of computers, since such additional discovery was reasonably calculated to produce relevant and material evidence and defendants failed to demonstrate any prejudice as a result

Nature of Case: Medical malpractice

Electronic Data Involved: Office computer hard drive and information regarding its destruction

Thompson v. Harding Univ., 2007 WL 2081695 (E.D. Ark. July 20,2007)

Key Insight: Where defendant received from an anonymous source a copy of an email sent by plaintiff which had not been produced by plaintiff in discovery, court denied defendant’s motion for access to plaintiff’s computer but stated that defendant would be permitted to depose plaintiff about items in his possession and items no longer in his possession, and court would be willing to entertain renewed motion depending on the testimony obtained

Nature of Case: Student who was suspended and denied re-admission alleged discrimination claims

Electronic Data Involved: Plaintiff’s personal computer

Bishop v. Toys ?R? US-NY, LLC, 2007 WL 2042913 (S.D.N.Y. July 13, 2007)

Key Insight: Overruling plaintiff’s objection that magistrate judge’s sanctions order did not go far enough and should have required defendant to retain a computer forensic expert to examine surveillance equipment to determine whether deleted images were recoverable, court found that order was neither clearly erroneous nor contrary to law since defendant had produced affidavit of individual who personally installed and serviced the surveillance system who stated that he inspected the surveillance data system and determined that the images were not recoverable

Nature of Case: Customer asserted federal civil rights claims arising from his detention by store security guards

Electronic Data Involved: Surveillance video

Doe v. Morey Charter Sch., 2007 WL 2331864 (E.D. Mich. Aug. 14, 2007)

Key Insight: District court overruled plaintiff’s objections to magistrate judge’s order denying in part motion to compel since order was not clearly erroneous; although plaintiff argued that more material should have been produced, defendants represented that they had produced everything and magistrate judge noted that both sides’ counsel had access to mirror images of hard drives containing the requested data which had been seized in police investigation

Nature of Case: Allegations of sexual abuse and harrassment by former elementary school teacher

Electronic Data Involved: Email and other ESI

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