Tag: Lack of Cooperation / Inaccurate Representations

1
Brave Law Firm, LLC v. Truck Accident Lawyers Group, Inc., No. 17-1156-EFM (D. Kan. Sept. 20, 2019).
2
Abdul Latif Jameel Transportation Company Limited v. FedEx Corporation, No. 19-5315 (US Court of Appeals 6th Circuit. , 2019)
3
Ad Astra Recovery Services, Inc. v. Heath et al (D. Kan., 2019)
4
Stone Brewing Co., LLC v. MillerCoors LLC (Southern District of California, 2019)
5
Hawkins v. The Kroger Company (District Court of Southern California, 2019)
6
Bellenger v. Accounts Receivable Management, Inc. (S.D. Fla, 2019)
7
Bellamy v. Wal-Mart Stores, No. SA-18-CV-60-XR (W.D. Tex., 2019)
8
Wilmoth v. Murphy (District Court of Western District of Arkansas, 2019)
9
Mercado-Cordova v. Walmart Puerto Rico et al (D.P.R., 2019)
10
Pineda Transportation, LLC et al v. Fleetone Factoring, LLC et al (District Court of Middle District of Tennessee, 2019)

Brave Law Firm, LLC v. Truck Accident Lawyers Group, Inc., No. 17-1156-EFM (D. Kan. Sept. 20, 2019).

Key Insight: Sanctions granted for first claiming withholding all responsive documents, then claiming there were no responsive documents. Protective Order violated by using information obtained under protective order to locate public information.

Nature of Case: false advertising/trademark infringement

Electronic Data Involved: Document related to claimed settlement achieved

Keywords: privilege, sanctions

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Abdul Latif Jameel Transportation Company Limited v. FedEx Corporation, No. 19-5315 (US Court of Appeals 6th Circuit. , 2019)

Key Insight: Whether the private arbitration panel in this case is considered a “foreign or international tribunal” and therefore whether discovery may be ordered under section 1782(a)

Nature of Case: contract dispute, application for arbitration discovery

Electronic Data Involved: arbitration discovery and “foreign or international tribunal”

Keywords: arbitration, ordered discovery, “foreign or international tribunal”

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Ad Astra Recovery Services, Inc. v. Heath et al (D. Kan., 2019)

Key Insight: ordered to produce a sample of 10 calls chosen by requesting party to see if information duplicative

Nature of Case: RICO

Electronic Data Involved: audio recordings of phone calls

Keywords: credit collector sues firm representing debtors

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Stone Brewing Co., LLC v. MillerCoors LLC (Southern District of California, 2019)

Key Insight: Requests for Production; marketing materials; Unreasonably cumulative or duplicative

Nature of Case: Trademark Infringement

Electronic Data Involved: Hard copy; Historical records; on-site inspection; Marketing materials (documents, recordings, video, displays, etc.)

Keywords: Discovery violations; adequacy of discovery responses; Vague/overbroad/burdensome/ not calculated to lead to discovery of documents relevant to claims or defenses; proportionality; access; costs/Attorney’s fees; resources; “Senior user”; Cherrypicking; Evidentiary preclusion; Court order; Representative samples

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Hawkins v. The Kroger Company (District Court of Southern California, 2019)

Key Insight: whether discovery should extend beyond the period of the statute of limitations

Nature of Case: Breach of implied warranty of merchantability

Electronic Data Involved: e-mails

Keywords: label, trans fat, heightened showing

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Bellenger v. Accounts Receivable Management, Inc. (S.D. Fla, 2019)

Key Insight: whether discovery requests are overbroad

Nature of Case: Class Action alleging violations of the Telephone Consumer Protection Act

Electronic Data Involved: documents listing people requesting not to be called and people that were called incorrectly, and people who did not have contracts with teh Defendant.

Keywords: overbroad, discovery requests, protective order, motion to compel

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Bellamy v. Wal-Mart Stores, No. SA-18-CV-60-XR (W.D. Tex., 2019)

Key Insight: Properly clawed back privileged documents may not be relied upon for evidence in a case. However, if the contents of these clawed back documents demonstrates bad faith discovery conduct, then sanctions can still be awarded.

Nature of Case: slip-and-fall injury

Electronic Data Involved: inadvertently produced privileged documents

Keywords: clawback, bad faith, intent to deprive

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Wilmoth v. Murphy (District Court of Western District of Arkansas, 2019)

Key Insight: whether the defendant took reasonable steps to preserve the relevant evidence and whether the defendant?s actions in this case support a finding that the defendant acted with the intent to deprive another party of the information?s use in the litigation

Nature of Case: personal injury

Electronic Data Involved: deleted photographs

Keywords: sand, egregious

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Mercado-Cordova v. Walmart Puerto Rico et al (D.P.R., 2019)

Key Insight: inadvertent failure to preserve email evidence leads to monetary sanctions and adverse inference but no termination

Nature of Case: employment

Electronic Data Involved: pictures

Keywords: deleting facebook

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Pineda Transportation, LLC et al v. Fleetone Factoring, LLC et al (District Court of Middle District of Tennessee, 2019)

Key Insight: whether the delays in a case as a result of attorney error or inattention could be a reason to dismiss a case

Nature of Case: breach of contract, fraud

Electronic Data Involved: emails, documents

Keywords: evasive, face value

View Case Opinion

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