Key Insight: Plaintiff did not specify whether any documents were being withheld in the course of making objections to discovery motions
Nature of Case: libel, assault, slander
Electronic Data Involved: documents and communications posted or stored on social media, e-mails
Keywords: “facially overbroad”, “anti-abortion”, “nearly two-decade time frame”, “provide any responsive information for the past seven (7) years”
Key Insight: Refusal to produce documents. Clergy-penitent privilege
Nature of Case: Negligence and failure to warn (Sexual Abuse)
Electronic Data Involved: letter,email, fax,ESI
Keywords: Willful refusal to comply with discovery order; Monetary sanctions; Judicial estoppel
Key Insight: Fabricated evidence leads to terminating sanctions
Nature of Case: Employment discrimination, sexual harassment
Electronic Data Involved: Text messages
Keywords: dismissed with prejudice, fabrication, title VII, termination sanctions
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
Key Insight: Court had permitted Defendants to select an additional 16 custodians and 12 additional search terms. Plaintiff moved for reconsideration being concerned about amount that would be produced. Court denied reconsideration, urged cooperation and clarified that earlier limits on discovery applied to new materials as well.
Nature of Case: Fraud
Electronic Data Involved: E-mails, Documents
Keywords: search terms; cooperation; additional custodians; additional terms
Key Insight: Plaintiff produced two versions of email (both dated before filing). Defendant argued one was fake and an attempt to bolster Plaintiff’s claim. Court deemed that dismissal was too harsh a sanction and denied dismissal sanction request.
Nature of Case: Family Medical Leave Act Violations
Electronic Data Involved: E-Mails
Keywords: Duplicate E-mail; Dismissal Sanction
Key Insight: Plaintiff had kept a journal which was scanned and provided. Original Hard Copy was then destroyed. Judge granted motion for additional deposition time, but denied adverse inference instruction.
Nature of Case: Employment Discrimination; Wrongful Termination
Electronic Data Involved: Hard Copy of Scanned Journal
Keywords: Sanctions, Adverse Inference, Scanned Copy, Hard Copy
Key Insight: Sanctions for willful destruction of cell phone after receiving demand to preserve
Nature of Case: workplace discrimination
Electronic Data Involved: text messages
Keywords: spoliation, preservation of evidence, text messages, iCloud
Key Insight: Repeated discovery obligation failures merited district court sanctions
Nature of Case: trademark infringement
Electronic Data Involved: Written discovery responses
Keywords: Missed discovery deadlines
Key Insight: work product protection does not apply to investigation or handling of underlying claim in a bad faith case.
Nature of Case: bad faith insurance claim
Electronic Data Involved: Insurance claim file including work product and possibly privileged documents
Keywords: work product, underlying claim, investigation, bad faith, privilege log
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