Motion for Sanctions – Page 118 – Electronic Discovery Law

Convolve, Inc. v. Compaq Computer Corp., 223 F.R.D. 162 (S.D.N.Y. 2004)

Dec 01 2004

Key Insight: Court rejected plaintiff’s request for direct access to Compaq’s hard drives, servers, and databases since plaintiff had failed to show widespread destruction or withholding of relevant information by Compaq; court further rejected plaintiff’s request for sanctions for failure to preserve certain evidence

Nature of Case: Patent infringement

Electronic Data Involved: Hard drives, servers, databases, email and electronic data

Jimenez v. Madison Area Technical Coll., 321 F.3d 652 (7th Cir. 2003)

Dec 01 2004

Key Insight: No abuse of discretion to dismiss suit with prejudice and impose sanctions against plaintiff under Rule 11, where it was determined that plaintiff had relied on falsified email and letters to support her discrimination claims

Nature of Case: Employment discrimination based on race, sex and ethnic origin

Electronic Data Involved: Email

Pioneer Hi-Bred Int’l, Inc. v. Monsanto Co., 2001 WL 170410 (E.D. Mo. Jan. 2, 2001)

Dec 01 2004

Key Insight: After jury trial resulted in defense verdict, court ruled on defendant’s outstanding motion for sanctions; pursuant to Fed. R. Civ. P. 37 and its inherent authority, court ordered plaintiff to pay defendant’s total counsel fees, expenses and costs incurred in the litigation (not just those related to discovery issues) amounting to $8,211,287 as sanction for plaintiff’s egregious discovery misconduct

Nature of Case: Dispute over development and license agreement

Electronic Data Involved: Email and other computerized data

Peter Rosenbaum Photography Corp. v. Otto Doosan Mail Order Ltd., 2004 WL 2973822 (N.D. Ill. Nov. 30, 2004)

Dec 01 2004

Key Insight: Court ordered nonparty to comply with subpoenas seeking electronic records, imposing monetary sanctions for nonparty’s unsupported argument that bankruptcy court’s automatic stay prevented it from having to comply with the subpoenas and ordering nonparty and plaintiff to meet and confer on means for compliance

Nature of Case: Copyright infringement

Electronic Data Involved: Electronic records, including email

Network Computing Servs. Corp. v. Cisco Systems, Inc., 223 F.R.D. 392 (D.S.C. 2004)

Dec 01 2004

Key Insight: Concluding that plaintiff’s discovery abuse warranted sanctions, district court ruled that appropriate sanction would be to inform the jury about plaintiff’s misconduct, since monetary sanctions previously imposed had not deterred further misconduct and extreme sanction of dismissal was not warranted by the facts

Electronic Data Involved: Breach of distributorship agreement, fraud, unfair trade practices and related torts

Crown-Life Ins. Co. v. Craig, 995 F.2d 1376 (7th Cir. 1993)

Dec 01 2004

Key Insight: Insurer’s willful failure to comply with discovery orders and failure to produce database warranted evidentiary preclusion order amounting to entry of default judgment on agent’s counterclaim

Nature of Case: Insurer sued former general agent and agent counterclaimed for renewal commissions owed

Electronic Data Involved: Database containing raw data regarding policies sold by agents

Katt v. Titan Acquisitions, Inc., 244 F. Supp. 2d 841 (M.D. Tenn. 2003)

Dec 01 2004

Key Insight: Despite dismissal of all plaintiffs’ claims and entry of final judgment on the merits, court retained ancillary jurisdiction over plaintiffs’ motion for sanctions for spoliation of electronic evidence for purpose of holding a hearing before ruling on the motion

Nature of Case: Securities class action

Electronic Data Involved: Electronic evidence

Positive Software Solutions, Inc. v. New Century Mortgage Corp., 337 F. Supp. 2d 862 (N.D. Tex. 2004)

Dec 01 2004

Key Insight: Court ruled, reluctantly, that even though defendant had violated protective order relating to use of subject software and database, the order was not sufficiently clear and definite to be enforced by contempt

Nature of Case: Copyright infringement

Electronic Data Involved: Software and database

Lyondell-Citgo Refining, LP v. Petroleos de Venezuela, S.A., 2004 WL 1924810 (S.D.N.Y. Aug. 30, 2004)

Dec 01 2004

Key Insight: Where defendants had taken steps to remedy alleged gaps in production by producing new spreadsheets and time remained to remedy any further deficiencies prior to the discovery cut-off, extreme sanction of default judgment was unwarranted

Nature of Case: Breach of contract

Electronic Data Involved: Emails and spreadsheets of sales data

GE Harris Ry. Elecs., LLC v. Westinghouse Air Brake Co., 2004 WL 5702740 (D. Del. Mar. 29, 2004)

Dec 01 2004

Key Insight: Court declined to impose terminating sanctions and instead ordered an adverse inference sanction against defendant for employee?s intentional spoliation of electronic evidence where the destruction was motivated by an intent to eliminate incriminating evidence but where the prejudice was minimal in light of plaintiff?s ability to obtain copies of the deleted evidence by other means

Nature of Case: Patent infringement and misappropriation of trade secrets

Electronic Data Involved: ESI, emails

Tag:Motion for Sanctions