Tag:Motion for Sanctions

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Computer Assoc. Int?l v. Am. Fundware, Inc., 133 F.R.D. 166 (D. Colo. 1990)
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Jackson v. Microsoft Corp., 211 F.R.D. 423 (W.D. Wash. 2002)
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Pennar Software Corp. v. Fortune 500 Sys., Ltd., 51 Fed. R. Serv. 3d 279, 2001 WL 1319162 (N.D. Cal. Oct. 25, 2001)
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Wilson v. Sundstrand Corp., 2003 WL 21961359 (N.D. Ill. Aug. 18, 2003)
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ABC Health Servs., Inc. v. IBM Corp., 158 F.R.D. 180 (S.D. Ga. 1994)
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Convolve, Inc. v. Compaq Computer Corp., 223 F.R.D. 162 (S.D.N.Y. 2004)
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Jimenez v. Madison Area Technical Coll., 321 F.3d 652 (7th Cir. 2003)
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Pioneer Hi-Bred Int’l, Inc. v. Monsanto Co., 2001 WL 170410 (E.D. Mo. Jan. 2, 2001)
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Peter Rosenbaum Photography Corp. v. Otto Doosan Mail Order Ltd., 2004 WL 2973822 (N.D. Ill. Nov. 30, 2004)
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Crown-Life Ins. Co. v. Craig, 995 F.2d 1376 (7th Cir. 1993)

Computer Assoc. Int?l v. Am. Fundware, Inc., 133 F.R.D. 166 (D. Colo. 1990)

Key Insight: Defendant’s duty to preserve source code arose no later than service of complaint, and its subsequent destruction of source code warranted default judgment on issue of liability; even assuming that maintenance of only a single, updated version of source code was, in other circumstances, a bona fide business practice, any destruction of versions of the code after service of complaint could not be excused as a bona fide business practice

Nature of Case: Copyright infringement, unfair competition, breach of computer software agreement

Electronic Data Involved: Source code

Jackson v. Microsoft Corp., 211 F.R.D. 423 (W.D. Wash. 2002)

Key Insight: Plaintiff’s misconduct and discovery abuse (including obtaining email and proprietary information of employer, paying for such material, copying and using material to prepare case, and engaging in elaborate series of lies during depositions and evidentiary hearings re same) warranted dismissal with prejudice

Nature of Case: Employment discrimination

Electronic Data Involved: CDs and laptop computer hard drive

Pennar Software Corp. v. Fortune 500 Sys., Ltd., 51 Fed. R. Serv. 3d 279, 2001 WL 1319162 (N.D. Cal. Oct. 25, 2001)

Key Insight: Defendant’s discovery abuses and deletion of web site pages and other electronic information warranted entry of order enjoining spoliation and imposing monetary sanctions against defendant

Nature of Case: Breach of contract and related claims

Electronic Data Involved: Web site pages; log files and backup tapes of nonparty web hosting company

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

ABC Health Servs., Inc. v. IBM Corp., 158 F.R.D. 180 (S.D. Ga. 1994)

Key Insight: Court denied plaintiff?s motion to dismiss IBM’s counterclaims as sanction for deletion of computer files, since erasure was done before suit was filed and did not amount to willful or bad faith disregard of discovery order or discovery request; court indicated that a jury instruction regarding destruction of documents may be an appropriate lesser sanction

Nature of Case: Breach of contract for development of software

Electronic Data Involved: Computer files containing both project-related documents and purely personal documents

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

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)

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)

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

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

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

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