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

1
Strough v. General Motors, LLC (District of Colorado, 2019)
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Washington-St. Tammany Electric Cooperative, Inc. et al v. Louisiana Generating, LLC (M.D. Louisiana, 2019)
3
Dembski v. Clear Rate Communications, Inc. 18-cv-12622 (E.D. Michigan, 2019)
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Kratz v. Scott Hotel Group, LLC (S.D. Ind., 2019)
5
Torres-Torres v. KW International, Inc., No-18-cv-164 (M.D. Fla., 2019)
6
Wild Fish Conservancy v. Cooke Aquaculture Pac. (District Court Western District of Washington, 2019)
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Advanced Physicians, S.C. v. Connecticut Gen. Life Ins. Co. (Northern District of Texas, 2019)
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Dulcich Inc. v. USI Insurance Services National, Inc., No. 18-cv-01089 (D. Ore, 2019)
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Lareau v. Nw. Med. Ctr., No. 2:17-cv-81 (D. Vt. Mar. 27, 2019)
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United States v. Asgari (6th Cir., 2019)

Strough v. General Motors, LLC (District of Colorado, 2019)

Key Insight: protective order without a sharing provision is unfair to future similarily situated plaintiffs.

Nature of Case: product liability

Electronic Data Involved: All relevant discovery

Keywords: protective order, sharing provision, class action, similarly situated plaintiff

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Washington-St. Tammany Electric Cooperative, Inc. et al v. Louisiana Generating, LLC (M.D. Louisiana, 2019)

Key Insight: emails included third parties and were not proven to be attorney client privilege and have been improperly withheld

Nature of Case: Breach of contract

Electronic Data Involved: emails improperly withheld as Attorney-client privilege.

Keywords: Attorney-client privilege, improperly withheld, emails copied to third parties.

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Dembski v. Clear Rate Communications, Inc. 18-cv-12622 (E.D. Michigan, 2019)

Key Insight: whether discovery should be stayed until after dispositive motions

Nature of Case: violations of the Telephone Consumer Protection Act

Electronic Data Involved: stay of discovery

Keywords: “safe harbor” defense, stay of discovery, dispositive motions

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Kratz v. Scott Hotel Group, LLC (S.D. Ind., 2019)

Key Insight: whether original version of narrative detailing mistreatments sent to attorney was work product; whether work product privilege attached to subsequent revisions of the same

Nature of Case: Consumer Class Action

Electronic Data Involved: withheld original document

Keywords: work product, original, altered

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Torres-Torres v. KW International, Inc., No-18-cv-164 (M.D. Fla., 2019)

Key Insight: Work product protections do not attach to data automatically generated by a vehicles electronic control module.

Nature of Case: vehicle collision personal injury

Electronic Data Involved: vehicle Electronic Control Module data

Keywords: Electronic Control Module

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Wild Fish Conservancy v. Cooke Aquaculture Pac. (District Court Western District of Washington, 2019)

Key Insight: Excessive document production shortly before deposition didn’t justify additional attorney’s fees

Nature of Case: industrial pollution

Electronic Data Involved: documents

Keywords: attorney’s fees, deposition, document production, inadequate preparation

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Advanced Physicians, S.C. v. Connecticut Gen. Life Ins. Co. (Northern District of Texas, 2019)

Key Insight: Third party assignee of rights does not automatically include rights to the fiduciary exception to attorney-client privilege.

Nature of Case: ERISA

Electronic Data Involved: Electronic documents generally (privileged)

Keywords: attorney-client privilege, fiduciary duty, ERISA

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Dulcich Inc. v. USI Insurance Services National, Inc., No. 18-cv-01089 (D. Ore, 2019)

Key Insight: The attorney-client privilege for legal invoices is implicitly waived when those invoices are the primary form of direct evidence for the lawsuit.

Nature of Case: recovery of attorney costs incurred in prior suit

Electronic Data Involved: legal invoices

Keywords: legal invoices, implicit waiver

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Lareau v. Nw. Med. Ctr., No. 2:17-cv-81 (D. Vt. Mar. 27, 2019)

Key Insight: parties unable to identify search terms that satisfy court direction for “appropriate search terms.” Attorney is not required to offer opposing counsel his or her own ideas about how to narrow a particular search.

Nature of Case: wrongful termination

Electronic Data Involved: approximately 24,000 emails

Keywords: reasonable scope, search terms, format, sampling

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