Tag: Motion for Sanctions

1
Carrington v Graden, (S.D.N.Y. 2020)
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Integrated Communications & Technologies v.Hewlett-Packard Financial Services Company (D. Mass. Aug. 13, 2020)
3
Alsadi v. Intel Corporation (D. Az., 2020)
4
QueTel Corp v. Hisham Abbas (4th Cir., 2020)
5
Optronic Techs., Inc. v. Ningbo Sunny Elec. Co. (N.D. Cal., 2020)
6
Bolding v. Banner Bank (W.D. Wash. May 22, 2020)
7
WeRide Corp. v. Kun Huang (N.D. Cal., 2020)
8
Simpson v. J.L. Guess et al. (Middle District of Florida, 2020)
9
Vaks v. Quinlan, et al. (District of Massachusetts, 2020)
10
Grande v. U.S. Bank National Association, et al (Western District of Washington, 2020)

Carrington v Graden, (S.D.N.Y. 2020)

Key Insight: Plaintiff was discovered to have fabricated emails. Court awarded over $500,000 in damages to Defendant.

Nature of Case: antitrust litigation

Electronic Data Involved: Emails

Keywords: sanctions,m fabricated evidence

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Integrated Communications & Technologies v.Hewlett-Packard Financial Services Company (D. Mass. Aug. 13, 2020)

Key Insight: Spoliation had occurred, but no default judgment issued. Evidence regarding destruction was allowed, no testimony from plaintiffs regarding unpreserved ESI and adverse inference instruction.

Nature of Case: Breach of Contract

Electronic Data Involved: Emails and Computers

Keywords: adverse inference, sanctions

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Alsadi v. Intel Corporation (D. Az., 2020)

Key Insight: Court ruled that ESI is expansive and includes information stored electronically, not just information on a computer system as plaintiffs argued. FRCP overrules state law or inherent power to sanction. No negative inference allowed.

Nature of Case: negligence, loss of consortium

Electronic Data Involved: records of ambient gas levels

Keywords: sanctions, negative inference, inherent authority

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QueTel Corp v. Hisham Abbas (4th Cir., 2020)

Key Insight: Defendants had deleted relevant files just before forensic imaging occurred. Court sanctioned Defendant and issue permanent injunction.

Nature of Case: Copyright infringement

Electronic Data Involved: Source Code and files on laptops

Keywords: sanctions, injunctions, source code

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Optronic Techs., Inc. v. Ningbo Sunny Elec. Co. (N.D. Cal., 2020)

Key Insight: Counsel must be involved with discovery to certify process followed. Counsel’s lack of involvement warranted sanctions in this case.

Nature of Case: Antitrust

Electronic Data Involved: Various ESI

Keywords: sanctions, certification

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Bolding v. Banner Bank (W.D. Wash. May 22, 2020)

Key Insight: Defendant deleted backup tapes after litigation hold notice issued. Spoliation occurred, but no default judgment

Nature of Case: class-action employment

Electronic Data Involved: Backup tapes

Keywords: sanctions, backup tapes, destruction

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WeRide Corp. v. Kun Huang (N.D. Cal., 2020)

Key Insight: Defendant’s failure to suspend document retention policy resulted in loss of evidence and court ordered judgment against Defendant. Plaintiff also showed evidence that USB Drives had been inserted into a shared laptop and files deleted. Defendants actions had made it impossible for Plaintiff to prove case.

Nature of Case: Trade Secrets

Electronic Data Involved: USB Drives inserted into company laptop; Email accounts

Keywords: records retention policy, spoliation, sanctions

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Simpson v. J.L. Guess et al. (Middle District of Florida, 2020)

Key Insight: Proportionality need for records not related to the claim; Relevance; Access to records; Parties resources; Whether the burden or expense of the proposed discovery outweighs it’s likely benefit

Nature of Case: Prisoner Pro Se – Unconstitutional use of excessive force by corrections officers

Electronic Data Involved: Hard copy (discipline records/ Mail logs); collection

Keywords: Compel; Sanctions; Declaration of counsel; Malicious and sadistic purpose to inflict harm; State of Mind; Veracity; narrowed requests; meet and confer;

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Vaks v. Quinlan, et al. (District of Massachusetts, 2020)

Key Insight: plaintiff violated the protective order by filing a pleading attaching confidential documents

Nature of Case: employment discrimintation

Electronic Data Involved: confidential documents protected under the protective order

Keywords: protective order, confidentiality

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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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