Key Insight: One party failing to perform their duties in discovery does not absolve the other party’s failures
Nature of Case: Breach of contract
Electronic Data Involved: Electronic documents generally
Keywords: “I know you are, but what am I?” , playground tantrum, unclean hands
Key Insight: Can a party “reserve” objections to discovery for trial, or answer recovery “on a rolling basis”?
Nature of Case: Discrimination
Keywords:
Key Insight: Lack of communication regarding extending discovery timeline doesn’t entitle a party to additional time
Nature of Case: workplace discrimination
Electronic Data Involved: Documents
Keywords: discovery timeline, reopening discovery, lack of communication, radio silence
Key Insight: whether a FRCP 56(d) motion will be granted when the moving party, in bad faith, fails to conduct discovery diligently
Nature of Case: breach of contract
Electronic Data Involved: billing records
Keywords: summary judgment; additional discovery
Key Insight: sanctions for failure to produce emails between plaintiff’s counsel and third party in response to discovery requests
Nature of Case: private nuisance, breach of contract
Electronic Data Involved: e-email
Keywords: “obligation to disclose communications between its attorney and third parties”, “proposed sanction is an extremely harsh sanction”, “frequently corresponded by e-mail with numerous third parties”, “privilege log”
Key Insight: Do not challenge authenticity of a document when an identical copy is in possession
Nature of Case: Loan contract
Electronic Data Involved: Electronic copy of contract
Keywords: Sanctions, mislead, abuse of discretion, bad faith, authenticity, perjury
Key Insight: A party’s late disclosure of evidence (while using it as the basis of their own expert opinion) justifies exclusion of that evidence
Nature of Case: Certified class action
Electronic Data Involved: audiovisual recordings, data logs
Keywords: late disclosure, exclusion sanctions, expert discovery cutoff, fact discovery, untimeliness
Key Insight: Plaintiffs said no responsive documents existed; deposition; Court awarded $25,000 of $45,000 in attorneys fees due to billing problems by defendant
Nature of Case: Statutory and Common Law Publicity Rights
Electronic Data Involved: E-Mail
Keywords: Sanctions; Timely Response; Privilege Log
Key Insight: Inconvenient is not unreasonable or burdensome wrt e-discovery
Nature of Case: Employment discrimination
Electronic Data Involved: Emails
Keywords: smoking gun,
Key Insight: Sanctions because party violated court order to produce expert witness for deposition and didn’t notice until afterwards
Nature of Case: employee class action
Electronic Data Involved: expert witness deposition
Keywords: expert deposition, timing, subpoena , sanctions, expert witness, expert fees, court order violation
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