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

1
Commonwealth v. Jones, SJC-12564 (Mass. Mar. 6, 2019)
2
Harleysville Insurance Co. v. Holding Funeral Home, No. 1:15cv00057 (W.D .Va. Feb. 9, 2017)
3
Rich v. Butowsky (D.D.C., 2020)
4
Livingston v. City of Chicago (Northern District of Illinois, 2020)
5
Shelton v. Fast Advance Funding, LLC (3rd Circuit, 2020)
6
Grande v. U.S. Bank National Association, et al (Western District of Washington, 2020)
7
Taylor v. Kilmer (Northern District of Illionis, 2020)
8
Nevis v. Rideout Memorial Hospital, et al. (Eastern District of California, 2020)
9
Slingerland v. Crisp Marketing, LLC (Southern District of Florida, 2020)
10
Dorfman v. Albertsons LLC (district of Idaho, 2020)

Commonwealth v. Jones, SJC-12564 (Mass. Mar. 6, 2019)

Key Insight: Whether compelling the defendant to enter his cell phone password would violate his privilege against self incrimination under 5th Amendment and art. 12 of Mass Declaration of Rights

Nature of Case: Trafficking a person for sexual servitude

Electronic Data Involved: data held on cell phone

Keywords: Cell phone password, 5th Amendment

Identified State Rule(s): Mass. art. 12.

Identified Federal Rule(s): 5th Amendment

View Case Opinion

Harleysville Insurance Co. v. Holding Funeral Home, No. 1:15cv00057 (W.D .Va. Feb. 9, 2017)

Key Insight: Waiver of privilege for documents inadvertently posted to publicly accessible Box.com location

Nature of Case: insurance coverage litigation

Electronic Data Involved: Box.com uploads

Keywords: Box.com, privilege waiver, publicly accessible, account permissions, file sharing

Identified State Rule(s): Va. Sup. Ct. R. 4.1(b)(6)(ii)

Identified Federal Rule(s): FRE 502(b)

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Rich v. Butowsky (D.D.C., 2020)

Key Insight: A rule 45 motion to quash subpoenas on electronic subpoenas for electronic identities of anonymous users uses the 2themart.com test and are very fact specific

Nature of Case: Defamation

Electronic Data Involved: User account information

Keywords: Murder, twitter, first amendment, motion to quash, subpoena, defamation

Livingston v. City of Chicago (Northern District of Illinois, 2020)

Key Insight: A responding party is best suited to determine the method of review and using TAR to pre-cull documents from review is an acceptable methodology

Nature of Case: Hiring discrimination

Electronic Data Involved: Emails

Keywords: Chicago, fire department, technology assisted review, TAR

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Shelton v. Fast Advance Funding, LLC (3rd Circuit, 2020)

Key Insight: defendant argued that it had no obligation to respond to timely discovery requests because the due date of the discovery was after the discovery deadline.

Nature of Case: telemarketing violation

Electronic Data Involved: requests for admission

Keywords: discovery deadline, requests for admission

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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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Taylor v. Kilmer (Northern District of Illionis, 2020)

Key Insight: argue that those requests and subpoenas are overly broad

Nature of Case: Motor vehicle accident negligence, personal injury

Electronic Data Involved: medical bills, records, and data for treatment received over a year before incident pertaining to rate of reimbursement

Keywords: subpoena, provider billing structure, medical billing and records, overly broad and burdensome

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Nevis v. Rideout Memorial Hospital, et al. (Eastern District of California, 2020)

Key Insight: Plaintiff was made aware that he had to preserve his phone records and text records and than failed to do so

Nature of Case: personal injury and liability

Electronic Data Involved: plaintiff’s cell phone and text messages

Keywords: spoliation, text messages, phone records, cell phone, preservation

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Slingerland v. Crisp Marketing, LLC (Southern District of Florida, 2020)

Key Insight: discovery requests overbroad

Nature of Case: telephone consumer protection act

Electronic Data Involved: general discovery

Keywords: scope of relevant discovery, class action

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Dorfman v. Albertsons LLC (district of Idaho, 2020)

Key Insight: if a motion to deny a class certification can be granted before discovery

Nature of Case: telemarketing, telephone consumer protection act

Electronic Data Involved: discovery showing common questions for a class certification

Keywords: class certification, rule 23

View Case Opinion

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