Motion for Sanctions – Page 119 – Electronic Discovery Law

Dziadkiewicz v. Blue Cross & Blue Shield of R.I., 2004 WL 2418308 (D.R.I. Oct. 13, 2004)

Dec 01 2004

Key Insight: Since defendant failed to timely produce database dictionary and did not produce all of its expert’s relevant email, court granted motion to compel production of expert’s email; court further granted plaintiff’s request to reconvene expert’s deposition and would allow plaintiff’s expert to review additional material produced and modify his conclusions accordingly

Nature of Case: ERISA litigation

Electronic Data Involved: Email and database dictionary

In re Fagnant, 2004 WL 2944126 (Bankr. D.N.H. Dec. 13, 2004

Dec 01 2004

Key Insight: Where defendant acted in good faith in printing and delivering to his counsel a copy of his computerized general ledger, but counsel failed to disclose it until the eve of trial, court denied plaintiff’s request for discovery sanction precluding introduction of general ledger at trial, but awarded monetary sanctions against defense counsel

Nature of Case: Adversary proceeding in bankruptcy court

Electronic Data Involved: Printout from computerized general ledger

GTFM, Inc. v. Wal-Mart Stores, 2000 WL 335558 (S.D.N.Y. Mar. 30, 2000)

Dec 01 2004

Key Insight: Plaintiffs’ motion for on-site inspection of computer records granted and defendant ordered to pay all plaintiffs’ expenses and legal fees unnecessarily expended due to defendant’s failure to make an accurate disclosure of its computer capabilities in December 1998

Nature of Case: Trademark infringement

Electronic Data Involved: Computerized information re purchase of goods bearing plaintiffs’ trademarks

Hahn v. Minn. Beef Ind., 2002 WL 32667146 (D. Minn. Mar. 8, 2002)

Dec 01 2004

Key Insight: Where, after months of discovery disputes, reports upon which defendant urged plaintiff to rely in lieu of full database turned out to be inaccurate, court denied plaintiff’s motion for entry of default judgment for discovery abuse and instead postponed trial so that defendant could produce accurate information; however, court imposed monetary sanctions against defendant representing plaintiff’s legal and expert fees for time spent working with inaccurate data

Nature of Case: Employment discrimination

Electronic Data Involved: Database, reports, electronic data

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

Dec 01 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

Hildreth Mfg., LLC v. Semco, Inc., 785 N.E.2d 774 (Ohio Ct. App. 2003)

Dec 01 2004

Key Insight: Failure to preserve certain computer hard drives did not warrant sanctions where there was no reasonable possibility that the missing hard drives (which were obtained after protective order was issued) contained evidence of the theft of trade secret information

Nature of Case: Misappropriation of trade secrets and related torts

Electronic Data Involved: Computer hard drives

Ill. Tool Works, Inc. v. Metro Mark Prods., Ltd., 43 F. Supp. 2d 951 (N.D. Ill. 1999)

Dec 01 2004

Key Insight: Defendant’s failure to preserve integrity of computer (dropping it repeatedly and apparent tampering, including disconnecting internal cables prior to court-ordered inspection) and failure to produce responsive electronic material warranted monetary sanctions

Nature of Case: Misappropriation of trade secrets

Electronic Data Involved: Hard drive, deleted files, electronically stored invoices

Inst. for Motivational Living, Inc. v. Doulos Inst. for Strategic Consulting, Inc., 2004 WL 2241745 (3rd Cir. Oct. 5, 2004) (Unpublished)

Dec 01 2004

Key Insight: Appellate court ruled that trial court did not err in awarding sanctions and finding defendant in civil contempt where, moments before he signed settlement agreement and in violation of discovery preservation order, defendant deleted files from laptop that was to be returned to plaintiff; however, case would be remanded so that trial court could determine what amount of attorneys’ fees fairly reflect compensation for defendant’s contumacious conduct

Nature of Case: Copyright and trademark infringement, misappropriation of trade secrets

Electronic Data Involved: Files stored on laptop computer

Invision Media Communications, Inc. v. Fed. Ins. Co., 2004 WL 396037 (S.D.N.Y. Mar. 2, 2004)

Dec 01 2004

Key Insight: Plaintiff?s discovery misconduct, including disregard of discovery obligations, misleading statements regarding existence and location of evidence and failure to make reasonable inquiries, warranted sanctions in the form of costs and reasonable attorneys? fees expended by defendant in connection with sanctions motion and certain discovery events

Nature of Case: Insurance coverage

Electronic Data Involved: Email and hard drives

Itzenson v. Hartford Life & Accident Ins. Co., 2000 WL 1507422 (E.D. Pa. Oct. 10, 2000)

Dec 01 2004

Key Insight: Discovery deadline extended and defendant ordered to “use every practicable means” to identify requested claims files; if defendant truly cannot segregate the claim files, defendant would be directed to make available a representative with requisite knowledge and skill to assist plaintiff’s representative in reviewing and identifying as promptly as possible each unsegregated file which met plaintiff’s criteria

Nature of Case: ERISA action to recover death benefits under employee benefit plan

Electronic Data Involved: Database re insurance claims

Tag:Motion for Sanctions