Tag: Proportionality

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Oppenheimer v. Episcopal Communicators (Western District of North Carolina, 2020)
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US EEOC v The George Washington University (D.D.C. 2020)
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Simpson v. J.L. Guess et al. (Middle District of Florida, 2020)
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Taylor v. Kilmer (Northern District of Illionis, 2020)
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Digital Mentor, Inc. v. Ovivo USA, LLC (Western District of Washington, 2020)
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Slingerland v. Crisp Marketing, LLC (Southern District of Florida, 2020)
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In re WTG Fuels, Inc. (Texas Court of Appeals, 2020)
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Dorfman v. Albertsons LLC (district of Idaho, 2020)
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Estate of Felipe A. Radelat (Tex. App., 2019)

Oppenheimer v. Episcopal Communicators (Western District of North Carolina, 2020)

Key Insight: A non-moving party’s objections to discovery need to be more than boilerplate and must be specific

Nature of Case: Copyright infringement (DMCA)

Electronic Data Involved: Electronic documents generally

Keywords: Copyright, DMCA, photographs, Oppenheimer,

View Case Opinion

Key Insight: Court rejected additional discovery based off proportionality and discovery already produced. There was no additional proof of unproduced, relevant texts.

Electronic Data Involved: Text Messages

Keywords: additional discovery, proportionality

US EEOC v The George Washington University (D.D.C. 2020)

Key Insight: Defendant was ordered to produce non-privileged emails responsive to RFP’s. Linear reivew proposed by Defendant wasn’t necessary and other paths existed. Concerns that potential production of privileged information was not enough to justify withholding. Defendant claimed a document by document review was needed, but court believed claw back provisions would be sufficient.

Nature of Case: employment discrimination

Electronic Data Involved: Email

Keywords: review process, 502, privilege

View Case Opinion

Simpson v. J.L. Guess et al. (Middle District of Florida, 2020)

Key Insight: Proportionality need for records not related to the claim; Relevance; Access to records; Parties resources; Whether the burden or expense of the proposed discovery outweighs it’s likely benefit

Nature of Case: Prisoner Pro Se – Unconstitutional use of excessive force by corrections officers

Electronic Data Involved: Hard copy (discipline records/ Mail logs); collection

Keywords: Compel; Sanctions; Declaration of counsel; Malicious and sadistic purpose to inflict harm; State of Mind; Veracity; narrowed requests; meet and confer;

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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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Digital Mentor, Inc. v. Ovivo USA, LLC (Western District of Washington, 2020)

Key Insight: Failure to produce; Sanctions; Proportionality

Nature of Case: Trademark & Copyright infringement

Electronic Data Involved: Hard copy; correspondence; email

Keywords: “Functional employee”; Consultant; Third-party communications; Privilege; Spoliation; Unfair prejudice; Attorney’s fees and costs; Proportionality; Access/Resources;

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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

View Case Opinion

In re WTG Fuels, Inc. (Texas Court of Appeals, 2020)

Key Insight: discovery that is not authorized by law cannot be “untaken”. order that compels discovery beyond that allowed by law is abuse of discretion

Nature of Case: personal injury, property liability

Electronic Data Involved: WTG net worth documentation

Keywords: net worth discovery, abuse of discretion, motion to compel

View Case Opinion

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

Estate of Felipe A. Radelat (Tex. App., 2019)

Key Insight: Sanctions, Efforts to Thwart discovery, Fraudulent Concealment

Nature of Case: Estates and Trusts

Electronic Data Involved: Hard copy

Keywords: fraudulent concealment, Statute of Limitations, Sanctions, Violation of Court Orders, Failure to produce, Death Penalty sanction, Obstruction, Temporary injunction, Deception of the Court

Identified State Rule(s): Tex. R. Civ. P. 199.3; Tex.R. Civ. P. 176 .8 (a)

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