Tag: Lack of Cooperation / Inaccurate Representations

1
Wilmoth v. Murphy (District Court of Western District of Arkansas, 2019)
2
Mercado-Cordova v. Walmart Puerto Rico et al (D.P.R., 2019)
3
Pineda Transportation, LLC et al v. Fleetone Factoring, LLC et al (District Court of Middle District of Tennessee, 2019)
4
Brumer v. Gray, No. 17-cv-00576 (D. Nev., 2019)
5
United States v. Connelly (S.D. New York, 2019)
6
Washington-St. Tammany Electric Cooperative, Inc. et al v. Louisiana Generating, LLC (M.D. Louisiana, 2019)
7
Abbott Laboratories, et al. v. Adelphia Supply USA, et al. (E.D.N.Y., 2019)
8
Dembski v. Clear Rate Communications, Inc. 18-cv-12622 (E.D. Michigan, 2019)
9
Wild Fish Conservancy v. Cooke Aquaculture Pac. (District Court Western District of Washington, 2019)
10
Siemers v. BNSF Railway Co. (D. Neb., 2019)

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

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Brumer v. Gray, No. 17-cv-00576 (D. Nev., 2019)

Key Insight: Waiting until the last day of discovery to provide computation of damages does not constitute bad faith warranting severe sanctions.

Nature of Case: vehicle collision negligence

Keywords: willfulness, bad faith, last day of discovery

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United States v. Connelly (S.D. New York, 2019)

Key Insight: internal investigations of private companies heavy pressure from the government creates coercive evidence

Nature of Case: criminal case, wire fraud and conspiracy to commit wire fraud and bank fraud

Electronic Data Involved: internal investigations requested by the DOJ and government entities

Keywords: internal investigation, government, DOJ

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Washington-St. Tammany Electric Cooperative, Inc. et al v. Louisiana Generating, LLC (M.D. Louisiana, 2019)

Key Insight: emails included third parties and were not proven to be attorney client privilege and have been improperly withheld

Nature of Case: Breach of contract

Electronic Data Involved: emails improperly withheld as Attorney-client privilege.

Keywords: Attorney-client privilege, improperly withheld, emails copied to third parties.

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Abbott Laboratories, et al. v. Adelphia Supply USA, et al. (E.D.N.Y., 2019)

Key Insight: whether terminating sanctions are appropriate where party engaged in discovery misconduct, including intentionally limiting search terms to exclude documents

Nature of Case: Trademark, Unfair Competition

Electronic Data Involved: documents

Keywords: sanctions, terminate, discovery misconduct, removed document, fraud on the court

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Dembski v. Clear Rate Communications, Inc. 18-cv-12622 (E.D. Michigan, 2019)

Key Insight: whether discovery should be stayed until after dispositive motions

Nature of Case: violations of the Telephone Consumer Protection Act

Electronic Data Involved: stay of discovery

Keywords: “safe harbor” defense, stay of discovery, dispositive motions

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Wild Fish Conservancy v. Cooke Aquaculture Pac. (District Court Western District of Washington, 2019)

Key Insight: Excessive document production shortly before deposition didn’t justify additional attorney’s fees

Nature of Case: industrial pollution

Electronic Data Involved: documents

Keywords: attorney’s fees, deposition, document production, inadequate preparation

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Siemers v. BNSF Railway Co. (D. Neb., 2019)

Key Insight: whether plaintiff was required to turn over subpoenaed phone records (without content)

Nature of Case: Federal Employers Liability Act (FELA)

Electronic Data Involved: telephone records

Keywords: subpoena, privacy, phone records, overbroad

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