Tag: Proportionality

1
In Re State Farm Lloyds, Relator, Nos. 15-0903, 15-0905 (Tex. Sup. Ct. May 26, 2017)
2
First Am. Bankcard, Inc. v. Smart Bus. Tech., Inc., No. 2:15-cv-00638-KDE-JCW (E.D. La. May 24, 2017)
3
Westfield Ins. Co. v. Icon Legacy Custom Modular Homes, 321 F.R.D. 107 (4:15-cv-00539) (M.D. Pa. 2017).
4
Gordon v. T.G.R. Logistics, Inc., No. 16-cv-00238-NDF (D. Wyo. May 10, 2017)
5
Engurasoff v. Coca-Cola Refreshments (Northern District of California, 2017)
6
Rockwell Medical, Inc. v. Richmond Brothers, Inc. (E.D. Mich., 2017)
7
Scott v. Eglin Fed. Credit Union (N.D. Fla., 2017)
8
Bird v. Wells Fargo Bank (E.D. Cal., 2017)
9
Kellgren v. Petco Animal Supplies, Inc. (S.D. Cal., 2017)
10
United States ex rel. Reaster v. Dopps Chiropractic Clinic, LLC (D. Kan., 2017)

First Am. Bankcard, Inc. v. Smart Bus. Tech., Inc., No. 2:15-cv-00638-KDE-JCW (E.D. La. May 24, 2017)

Key Insight: Specific objections are required for proportionality claims

Nature of Case: Breach of contract

Electronic Data Involved: Electronic data

Keywords: boilerplate, control, former owner and top officers

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Westfield Ins. Co. v. Icon Legacy Custom Modular Homes, 321 F.R.D. 107 (4:15-cv-00539) (M.D. Pa. 2017).

Key Insight: Contract was not ambiguous so extrinsic evidence not admissable. Therefore discovery of file was not proportional or calculated to lead to admissable evidence.

Nature of Case: declaratory judgment and bad faith

Electronic Data Involved: underwriters claim file

Keywords: admissability; proportionality; extrinsic evidence

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Gordon v. T.G.R. Logistics, Inc., No. 16-cv-00238-NDF (D. Wyo. May 10, 2017)

Key Insight: Limiting the scope of discovery requests for full social media account history

Nature of Case: personal injury

Electronic Data Involved: Facebook account history

Keywords: social media, Facebook, proportionality, burdensome discovery

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Engurasoff v. Coca-Cola Refreshments (Northern District of California, 2017)

Key Insight: Disclosing legal advice to third parties that need to know via email maintains attorney client privilege

Nature of Case: class action

Electronic Data Involved: archived email

Keywords: timeliness, third parties need to know, attorney client privilege

Identified State Rule(s): Ca. Evidence Code 952

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Rockwell Medical, Inc. v. Richmond Brothers, Inc. (E.D. Mich., 2017)

Key Insight: Can discovery be given an expedited time table in order to precede a preliminary injunction hearing? Is it proportional?

Nature of Case: Legislation on violations of the Securities and Exchange Act of 1934

Electronic Data Involved: Depositions and documents (defined very broadly)

Keywords: Preliminary injunction, expedited discovery, proportionality, unduly burdensome

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Scott v. Eglin Fed. Credit Union (N.D. Fla., 2017)

Key Insight: Discovery of these things was blocked, since they were ruled to be only marginally relevant compared to the time and expense it would take to produce them.

Nature of Case: Employment Discrimination

Electronic Data Involved: emails and text messages

Keywords: relevance, marginal relevance, time and expense

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Bird v. Wells Fargo Bank (E.D. Cal., 2017)

Key Insight: Conduct discovery in good faith; Maintain a civil tone in communications; Purge of emails

Nature of Case: Employment Discrimination

Electronic Data Involved: ESI; email; SMS; Text messages

Keywords: Good Faith; Proportionality; Meet and confer; Rule 16 – Scope of discovery; Purge of emails; Complete breakdown of discovery

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Kellgren v. Petco Animal Supplies, Inc. (S.D. Cal., 2017)

Key Insight: Discovery request for managers’ text messages was ruled overbroad and not likely to be useful due to store policy that managers only communicate via email or voicemail.

Nature of Case: Fair Labor Standards Act dispute

Electronic Data Involved: text messages, email, communication methods the managers could have possibly used

Keywords: Text messages, overbreadth, overbroad, relevance

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United States ex rel. Reaster v. Dopps Chiropractic Clinic, LLC (D. Kan., 2017)

Key Insight: Social media information is not specially protected, but discovery requests should be tailored so as to not become fishing expeditions.

Nature of Case: employment discrimination, federal false claims act

Electronic Data Involved: Social media postings

Keywords: Social media, proportionality

View Case Opinion

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