Tag: Lack of Cooperation / Inaccurate Representations

1
Shelton v. Fast Advance Funding, LLC (3rd Circuit, 2020)
2
Grande v. U.S. Bank National Association, et al (Western District of Washington, 2020)
3
Houston v. Southwest Airlines (Northern District of Texas, 2020)
4
Digital Mentor, Inc. v. Ovivo USA, LLC (Western District of Washington, 2020)
5
Mannion, et al. v. Ameri-Can Freight Systems Incorporated, et al. (district of AZ, 2020)
6
Slingerland v. Crisp Marketing, LLC (Southern District of Florida, 2020)
7
Healthplan Serv., Inc. v. Dixit, et al (M.D. Florida, 2019)
8
Center for Auto Safety et al. v. Goodyear Tire & Rubber Company (Arizona Court of Appeals, 2019)
9
Estate of Felipe A. Radelat (Tex. App., 2019)
10
Guarisco v. Boh Brothers Construction, No. 18-7514 (E.D. La. Oct. 3, 2019).

Shelton v. Fast Advance Funding, LLC (3rd Circuit, 2020)

Key Insight: defendant argued that it had no obligation to respond to timely discovery requests because the due date of the discovery was after the discovery deadline.

Nature of Case: telemarketing violation

Electronic Data Involved: requests for admission

Keywords: discovery deadline, requests for admission

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Grande v. U.S. Bank National Association, et al (Western District of Washington, 2020)

Key Insight: Defendants here have not described any harm that would result from producing the guidelines and have not sought a protective order, the Court declines to find the documents so confidential that they cannot be produced

Nature of Case: bad faith and fraudulent banking

Electronic Data Involved: general discovery responses, voicemails, loan documents, loan history, and communications

Keywords: fraud, trade secrets, incomplete responses, bad faith

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Houston v. Southwest Airlines (Northern District of Texas, 2020)

Key Insight: Failure to respond to Interrogatories and Requests for Admissions

Nature of Case: American’s with Disabilities Act

Electronic Data Involved: Hard copy; Discussion logs

Keywords: Sanctions; Attorney’s fees; Bad Faith; Inherent power; Intent

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Digital Mentor, Inc. v. Ovivo USA, LLC (Western District of Washington, 2020)

Key Insight: Failure to produce; Sanctions; Proportionality

Nature of Case: Trademark & Copyright infringement

Electronic Data Involved: Hard copy; correspondence; email

Keywords: “Functional employee”; Consultant; Third-party communications; Privilege; Spoliation; Unfair prejudice; Attorney’s fees and costs; Proportionality; Access/Resources;

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Mannion, et al. v. Ameri-Can Freight Systems Incorporated, et al. (district of AZ, 2020)

Key Insight: whether the issue of spoliation could be brought before the jury to decide if evidence was withheld and if that was justified

Nature of Case: personal injury, motor vehicle

Electronic Data Involved: Log books of defendant

Keywords: spoliation, jury instruction, question of law/fact

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Slingerland v. Crisp Marketing, LLC (Southern District of Florida, 2020)

Key Insight: discovery requests overbroad

Nature of Case: telephone consumer protection act

Electronic Data Involved: general discovery

Keywords: scope of relevant discovery, class action

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Center for Auto Safety et al. v. Goodyear Tire & Rubber Company (Arizona Court of Appeals, 2019)

Key Insight: defendants perpetrated fraud and acted in bad faith when not disclosing test results of defective product

Nature of Case: product liability

Electronic Data Involved: product test results that were not disclosed

Keywords: fraud, bad faith, disclosure, confidentiality

Identified Local Court Rule(s): Maricopa county local practice rule 2.19, 5.4

Identified State Rule(s): 26(c)(1), 26(c)(1)(G), 26(c)(4)(A)

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Estate of Felipe A. Radelat (Tex. App., 2019)

Key Insight: Sanctions, Efforts to Thwart discovery, Fraudulent Concealment

Nature of Case: Estates and Trusts

Electronic Data Involved: Hard copy

Keywords: fraudulent concealment, Statute of Limitations, Sanctions, Violation of Court Orders, Failure to produce, Death Penalty sanction, Obstruction, Temporary injunction, Deception of the Court

Identified State Rule(s): Tex. R. Civ. P. 199.3; Tex.R. Civ. P. 176 .8 (a)

Guarisco v. Boh Brothers Construction, No. 18-7514 (E.D. La. Oct. 3, 2019).

Key Insight: Party could still be sanctioned to pay expert fees where party unsuccessfully altered evidence.

Nature of Case: Automobile accident.

Electronic Data Involved: Photographs and videos.

Keywords: “altering” “deleting” “deliberate[ly]” “computer scientist” “Facebook post”

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