Tag: Other Federal Rule(s) of Civil Procedure and/or Evidence Rule: FRCP 34(a)

1
Axis Insurance Company v. American Specialty Insurance & Risk Services, Inc. (N.D. Ind. 2021)
2
Aviles v. S&P Global, Inc. (S.D.N.Y. 2021)
3
Alsadi v. Intel Corporation (D. Ariz. 2020)

Aviles v. S&P Global, Inc. (S.D.N.Y. 2021)

Key Insight: Plaintiffs filed a Motion to Compel to allow them unfettered access to all information located on a server. Defendant objected, claiming that Plaintiffs had no legal right to the server, and information on the server was irrelevant, confidential and/or privileged. The Court found that the request (Motion to Compel) was overbroad and premature, and denied Plaintiffs’ Motion.

Nature of Case:Fraud, Shareholder Suit, Diversity Jurisdiction

Electronic Data Involved: Hard Drive, Server,

Case Summary

Alsadi v. Intel Corporation (D. Ariz. 2020)

Key Insight: The meaning of ESI is expansive, includes any type of information stored electronically, and is not limited to data stored on a computer system. Rule 37(e), not inherent authority, is the legal standard for determining whether and what sanctions are appropriate for the loss of discoverable ESI. A negative inference sanction with only be imposed if the spoliating party intentionally lost or destroyed data so it could not be used in litigation.

Nature of Case: Tort

Electronic Data Involved: Detector Device Data

Case Summary

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