Tag: Proportionality

1
Simpson v. J.L. Guess et al. (Middle District of Florida, 2020)
2
Taylor v. Kilmer (Northern District of Illionis, 2020)
3
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)
5
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)
8
Lawson v. Love?s Travel Stops & Country Stores, Inc., No. 1:17-CV-1266 (M.D. Pa. Oct. 31, 2019)
9
County of Cook v. Bank of America Corp. (N.D. Ill., 2019)
10
In re Application to Obtain Discovery for Use in Foreign Proceedings (6th Circuit, 2019)

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

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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

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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

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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)

Lawson v. Love?s Travel Stops & Country Stores, Inc., No. 1:17-CV-1266 (M.D. Pa. Oct. 31, 2019)

Key Insight: Request for text message production by Plaintiffs was considered too broad, but court allowed for modification to more narrowly tailored request.

Nature of Case: Fair Labor Standards Act

Electronic Data Involved: text messages

Keywords: Texts; proportionality

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County of Cook v. Bank of America Corp. (N.D. Ill., 2019)

Key Insight: Absolute perfection is not a goal of the discovery process. The county’s claim of burden is unsubstantiated, there is no burden claimed but for ESI privilege review. The burden does not outweigh the proportionality here.

Nature of Case: Fair Housing Act violations

Electronic Data Involved: ESI information concerning mortgage, marketing, etc

Keywords: Proportionality, TAR, burden

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