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

1
Sender v. Franklin Resources, Inc. (Northern District of CA, 2016)
2
Arcelormittal Indiana Harbor, LLC v. Amex Nooter, LLC (Northern District of Indiana, 2016)
3
Colyer v. City of Chicago, No. 12 C 04855 (N.D. Ill. Jan. 4, 2016)
4
Granados v. Traffic Bar and Restaurant, Inc. (S.D.N.Y., 2015)
5
Fero v. Excellus Health Plan, Inc., No. 6:15-cv-06569-EAW (W.D.N.Y. Jan. 19, 2018)

Sender v. Franklin Resources, Inc. (Northern District of CA, 2016)

Key Insight: limited additional discovery on the issue of conflict of interest and bias in the administration of the claim

Nature of Case: ERISA

Electronic Data Involved: 5 depositions and written discovery responses

Keywords: limited additional discovery, discovery duplication, scope of discovery

View Case Opinion

Arcelormittal Indiana Harbor, LLC v. Amex Nooter, LLC (Northern District of Indiana, 2016)

Key Insight: confidential settlement information in documents requested

Nature of Case: Negligence and breach of contract

Electronic Data Involved: communications between Amex Nooter and IOSHA

Keywords: Confidential Settlement information, motion to compel, impeachment

View Case Opinion

Colyer v. City of Chicago, No. 12 C 04855 (N.D. Ill. Jan. 4, 2016)

Key Insight: New trial is ordered when city intentionally withholds or inadequately searches for police recordings.

Nature of Case: use of excessive force by police

Electronic Data Involved: police dispatcher recording

Keywords: OMEC record, traffic stop, police dispatch, zone 6 audio

View Case Opinion

Granados v. Traffic Bar and Restaurant, Inc. (S.D.N.Y., 2015)

Key Insight: if sanctions can be granted for inconsistent and incomplete response from opposing party

Nature of Case: violations of the Fair Labor Standards Act and the New York Labor Law

Electronic Data Involved: initial interrogatories and verifications

Keywords: spoliation, sanctions, default judgment, defunct business, unreachable party

View Case Opinion

Fero v. Excellus Health Plan, Inc., No. 6:15-cv-06569-EAW (W.D.N.Y. Jan. 19, 2018)

Key Insight: Reconsideration of ruling that plaintiffs lacked standing. Expert affidavit shows substantial risk of identity theft and sale of PII and PHI on the dark web, establishing injury-in-fact.

Nature of Case: Class action arising out of a data breach and alleging identity theft.

Electronic Data Involved: Dark web evidence

Keywords: PII and PHI, dark web, identity theft, Joe Church, Digital Shield, X1 Social Discovery

View Case Opinion

Copyright © 2022, K&L Gates LLP. All Rights Reserved.