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

1
Boehm v. Pure Debt Solutions Corporation – 8:19-cv-00117-LSC-CRZ (District of Nebraska, 2019)
2
Bellenger v. Accounts Receivable Management, Inc. (S.D. Fla, 2019)
3
Incardone v. Royal Caribbean Cruises, Ltd. (S.D. Florida, Miami Division, 2019)
4
Johnson v. Duxbury (First Circuit Court of Appeals, 2019)
5
Mercado-Cordova v. Walmart Puerto Rico et al (D.P.R., 2019)
6
Bass v. Facebook, Inc., No. 18-cv-05982 (N.D. Cal., 2019)
7
Brumer v. Gray, No. 17-cv-00576 (D. Nev., 2019)
8
In re Old BPSUSH Inc., No. 16-12373 (Bnkr. D. Del., 2019)
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Frey v. Minter (M.D. Ga., 2019)
10
Simmons v. Safeway, Inc., No. 3:18-cv-5522 RJB (W.D. Wash. June 5, 2019).

Boehm v. Pure Debt Solutions Corporation – 8:19-cv-00117-LSC-CRZ (District of Nebraska, 2019)

Key Insight: preservation of data for future discovery in class action.

Nature of Case: Violation of Telephone Consumer Protection Act

Electronic Data Involved: data or documents that may be relevant to a putative class action.

Keywords: preservation, class action, third-party preservation

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Bellenger v. Accounts Receivable Management, Inc. (S.D. Fla, 2019)

Key Insight: whether discovery requests are overbroad

Nature of Case: Class Action alleging violations of the Telephone Consumer Protection Act

Electronic Data Involved: documents listing people requesting not to be called and people that were called incorrectly, and people who did not have contracts with teh Defendant.

Keywords: overbroad, discovery requests, protective order, motion to compel

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Incardone v. Royal Caribbean Cruises, Ltd. (S.D. Florida, Miami Division, 2019)

Key Insight: The duty to preserve should be proportional and reasonable, not perfect and absolute.

Nature of Case: Rule 37(e) analysis of the defendant’s actions

Electronic Data Involved: Video Clips, CCTV and VDR

Keywords: Preserve, camera, viewable, “recorded continuously”, CCTV, RCCL

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Johnson v. Duxbury (First Circuit Court of Appeals, 2019)

Key Insight: Individuals do not have reasonable expectations of privacy of phone service provider’s records of phone numbers

Nature of Case: Fourth Amendment search and seizure

Electronic Data Involved: Cell and home phone records

Keywords: Fourth Amendment, Duxbury, DPD, murder, normal format,

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Mercado-Cordova v. Walmart Puerto Rico et al (D.P.R., 2019)

Key Insight: inadvertent failure to preserve email evidence leads to monetary sanctions and adverse inference but no termination

Nature of Case: employment

Electronic Data Involved: pictures

Keywords: deleting facebook

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Bass v. Facebook, Inc., No. 18-cv-05982 (N.D. Cal., 2019)

Key Insight: A contract clause limiting liability for data breaches caused by third parties is not unconscionable. However, this clause does not bar negligence claims for failing to comply with minimum data-security standards.

Nature of Case: data-breach class action

Electronic Data Involved: customer personal data

Keywords: data security, personal data, breach, unconscionable

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Brumer v. Gray, No. 17-cv-00576 (D. Nev., 2019)

Key Insight: Waiting until the last day of discovery to provide computation of damages does not constitute bad faith warranting severe sanctions.

Nature of Case: vehicle collision negligence

Keywords: willfulness, bad faith, last day of discovery

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In re Old BPSUSH Inc., No. 16-12373 (Bnkr. D. Del., 2019)

Key Insight: A law firm’s investigative records prepared for a client may not be withheld on work-product grounds from that client or former client.

Nature of Case: bankruptcy

Electronic Data Involved: Law firm investigative records and forensic accounts

Keywords: work-product, mental impressions, investigative records

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Simmons v. Safeway, Inc., No. 3:18-cv-5522 RJB (W.D. Wash. June 5, 2019).

Key Insight: Handwritten notes by Plaintiff had been produced. Plaintiff used attorney typed version to refresh memory before deposition. Court ordered production of typed notes.

Nature of Case: Employment Discrimination

Electronic Data Involved: Typed version of handwritten notes

Keywords: recollection refresh; deposition; privilege; work product

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