Tag: Lack of Cooperation / Inaccurate Representations

1
Hentsch Henchoz & Cie v. Gubbay, 97 P.3d 1283 (Utah 2004)
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Wilson v. Sundstrand Corp., 2003 WL 21961359 (N.D. Ill. Aug. 18, 2003)
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Munshani v. Signal Lake Venture Fund II, LP, 805 N.E.2d 998 (Mass. App. Ct. 2004)
4
Cobell v. Norton, 206 F.R.D. 324 (D.D.C. 2002)
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Strasser v. Yalamanchi, 669 So.2d 1142 (Fla. Dist. Ct. App. 1996)
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In re Heritage Bond Litig., 223 F.R.D. 527 (C.D.Cal. 2004)
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YCA, LLC v. Berry, 2004 WL 1093385 (N.D. Ill May 7, 2004)
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Nat’l Assoc. of Radiation Survivors v. Turnage, 115 F.R.D. 543 (N.D. Cal. 1987)
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R.S. Creative, Inc. v. Creative Cotton, Ltd., 89 Cal. Rptr. 2d 353 (Cal. Ct. App. 1999)
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Comm’r of Labor v Ward, 580 S.E.2d 432 (Table, Text in WESTLAW) 2003 WL 21267941 (N.C.Ct. App. 2003)

Hentsch Henchoz & Cie v. Gubbay, 97 P.3d 1283 (Utah 2004)

Key Insight: Where defendant shipped all of its documents, records, and computer hard drives from Utah to Spain in defiance of trial court’s orders requiring defendant to comply with discovery requests, and trial court granted summary judgment in favor of plaintiff, Supreme Court of Utah held that defendant?s appeal of the summary judgment ruling could be dismissed by appellate court based upon defendant?s contumacious conduct, but Supreme Court would first allow defendant an opportunity to bring itself into compliance with trial court?s orders within 30 days, including those orders requiring defendant to comply with discovery and to return all requested documents and evidence to Utah

Nature of Case: Investor sued financial services company for fraud, conspiracy, breach of contract

Electronic Data Involved: Computer hard drives

Wilson v. Sundstrand Corp., 2003 WL 21961359 (N.D. Ill. Aug. 18, 2003)

Key Insight: As sanction for discovery abuse and tardy production of “smoking gun” email, court precluded defendant from opposing the admission in evidence of various emails and records, and ordered defendant to pay plaintiffs’ reasonable attorneys’ fees incurred in connection with motion and related discovery

Nature of Case: Airline crash litigation

Electronic Data Involved: Email

Munshani v. Signal Lake Venture Fund II, LP, 805 N.E.2d 998 (Mass. App. Ct. 2004)

Key Insight: Dismissal of complaint was appropriate sanction for fraud on the court consisting of plaintiff’s forging email, swearing to its authenticity, and continuing to insist on its authenticity while independent computer expert investigated the matter and ultimately concluded the email was fabricated; plaintiff ordered to pay costs and fees of expert and defendants’ attorney’s fees and costs related to discovery of the fraud

Nature of Case: Breach of contract

Electronic Data Involved: Forged email

Cobell v. Norton, 206 F.R.D. 324 (D.D.C. 2002)

Key Insight: Government’s motion for “protective order clarifying that it may produce email in response to discovery requests by producing from paper records of email messages rather than from backup tapes and may overwrite backup tapes in accordance with Departmental directives” denied as inappropriate given history of dispute; plaintiffs awarded attorneys’ fees and costs associated with motion

Nature of Case: Suit against the government alleging mismanagement of Indian trust funds

Electronic Data Involved: Email stored on backup tapes

Strasser v. Yalamanchi, 669 So.2d 1142 (Fla. Dist. Ct. App. 1996)

Key Insight: Order allowing plaintiff unrestricted access to defendant’s computer system quashed, because the order allowed plaintiff unrestricted access to defendant’s computer system, including all of his programs and directories, without protection for any privileged or confidential information and without safeguards or restrictions to minimize any potential harm to the computer system

Nature of Case: Breach of contract suit between former partners

Electronic Data Involved: Inspection of computer system to search for financial information

In re Heritage Bond Litig., 223 F.R.D. 527 (C.D.Cal. 2004)

Key Insight: Where defendants “deliberately and willfully” failed to produce responsive documents, court concluded that defendants had not substantially complied with its prior discovery order and awarded civil contempt sanctions against defendants in the amount of plaintiffs’ attorneys’ fees and costs

Nature of Case: Securities litigation

Electronic Data Involved: Documents on individual defendant’s personal computer

YCA, LLC v. Berry, 2004 WL 1093385 (N.D. Ill May 7, 2004)

Key Insight: Court denied defendant’s motion to strike the testimony of plaintiff’s computer expert (who recovered “plethora” of deleted documents from defendant’s old YCA computer) since any delay in disclosing the expert and the recovered material was justified given defendant’s failure to disclose that his old computer might contain relevant evidence

Nature of Case: Breach of nondisclosure agreement, tortious interference

Electronic Data Involved: Deleted documents, computer hard drive

Nat’l Assoc. of Radiation Survivors v. Turnage, 115 F.R.D. 543 (N.D. Cal. 1987)

Key Insight: Failure to produce computer data and other discovery abuses warranted imposition of monetary sanctions against defendant ($105,000 paid to plaintiffs and $15,000 paid to clerk of court “for the unnecessary consumption of the court’s time and resources”) and appointment of special master at defendant’s expense for purpose of monitoring its compliance with all further discovery

Nature of Case: Class action brought by veterans for alleged exposure to radiation during service with armed forces

Electronic Data Involved: Two V.A. computer systems (databases)

R.S. Creative, Inc. v. Creative Cotton, Ltd., 89 Cal. Rptr. 2d 353 (Cal. Ct. App. 1999)

Key Insight: Trial court properly imposed terminating sanctions against plaintiff for egregious discovery abuses, including the deletion of files from hard drives after plaintiff had stipulated that computers and diskettes would not be operated or touched until defendants’ computer expert could examine them

Nature of Case: Breach of contract

Electronic Data Involved: Hard drive, computer files

Comm’r of Labor v Ward, 580 S.E.2d 432 (Table, Text in WESTLAW) 2003 WL 21267941 (N.C.Ct. App. 2003)

Key Insight: Where defendants intentionally and willfully refused to comply with court’s discovery orders regarding electronically stored information, sanctions in form of striking defendants’ answer, preventing them from defending against plaintiff’s claims, and granting default judgment was not an abuse of discretion

Nature of Case: Wage and Hour Act violations

Electronic Data Involved: Electronic data

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