Tag: Proportionality

1
Fulton v. Livingston Financial LLC, No. C15-0574JLR (W.D. Wash. July 25, 2016).
2
Hellers Gas, Inc. v. International Ins. Co. of Hannover Ltd. (M.D. Pa., 2016)
3
AVM Technologies LLC v. Intel Corp. (D. Del., 2016)
4
First Niagara Risk Management v. Folino (United States District Court, Eastern District Pennsylvania., 2016)
5
Vay v. Huston (WDPa, 2016)
6
Odeh v. City of Baton Rouge E. Baton Rouge (Middle District of Lousiana, 2016)
7
8
Sender v. Franklin Resources, Inc. (Northern District of CA, 2016)
9
Van v. Language Line Servs. (United States District Court Northern District of California, 2016)
10
Dao v. Liberty Life Assurance Company of Boston (Northern District of CA, 2016)

Fulton v. Livingston Financial LLC, No. C15-0574JLR (W.D. Wash. July 25, 2016).

Key Insight: Citation to Rule/caselaw that omits consideration of “proportionality” is reckless and sanctionable.

Nature of Case: Fair Debt Collection Practice Act (FDCPA) Action

Electronic Data Involved: Medical records

Keywords: “misstate[ment] [of] the law” “outdated caselaw” “recklessly misrepresented” “medical condition”

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Hellers Gas, Inc. v. International Ins. Co. of Hannover Ltd. (M.D. Pa., 2016)

Key Insight: Plaintiff failure to produce relevant and discoverable information.

Nature of Case: Insurance coverage litigation.

Electronic Data Involved: Email produced by a third party.

Keywords: Motion to compel. Specificity. Failure to specify.

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AVM Technologies LLC v. Intel Corp. (D. Del., 2016)

Key Insight: court allows keyword search of one database (agreed to by party) but denies search of three others deeming them disproportionate

Nature of Case: patent infringement

Electronic Data Involved: database

Keywords: keyword search, disproportionate,

Vay v. Huston (WDPa, 2016)

Key Insight: Defendant alleges Plaintiff failed to produce documents and requests sanctions, including dismissal.

Nature of Case: Employment discrimination

Electronic Data Involved: ESI and scanned PDF documents and other documents.

Keywords: Proportionality, motion to compel (not filed)

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Odeh v. City of Baton Rouge E. Baton Rouge (Middle District of Lousiana, 2016)

Key Insight: Production of an plaintiff employee’s own entire email box of 13 years is overbroad and not proportional

Nature of Case: Employment discrimination, whistleblower protection

Electronic Data Involved: Electronic documents generally

Keywords: proportional, 13 years,

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Sender v. Franklin Resources, Inc. (Northern District of CA, 2016)

Key Insight: limited additional discovery on the issue of conflict of interest and bias in the administration of the claim

Nature of Case: ERISA

Electronic Data Involved: 5 depositions and written discovery responses

Keywords: limited additional discovery, discovery duplication, scope of discovery

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Van v. Language Line Servs. (United States District Court Northern District of California, 2016)

Key Insight: E-mail request must be proportional to the evidentiary needs of the case.

Nature of Case: Request for Production

Electronic Data Involved: e-mail

Keywords: DDJR, “tactical” gamesmanship, Van’s earing statements, Allison,

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Dao v. Liberty Life Assurance Company of Boston (Northern District of CA, 2016)

Key Insight: if the balance of the discovery requests outweighed their benefit

Nature of Case: Breach of contract, breach of covenant of good faith and fair dealing, fraud , negligent misrepresentation, declaratory relief and unfair competition.

Electronic Data Involved: responses of three interrogatories in light of changes to rule 26

Keywords: proportionality, motion to compel, balance of request, benefit of requested discovery

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