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

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Commonwealth v. Jones, SJC-12564 (Mass. Mar. 6, 2019)
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Harleysville Insurance Co. v. Holding Funeral Home, No. 1:15cv00057 (W.D .Va. Feb. 9, 2017)
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Kamuda v. Sterigenics U.S. LLC (Circuit Court of Cook County Illinois, 2020)
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Center for Auto Safety et al. v. Goodyear Tire & Rubber Company (Arizona Court of Appeals, 2019)
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Estate of Felipe A. Radelat (Tex. App., 2019)
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Crosmun v. Trustees of Fayetteville Technical Community College (N.C. Ct. App., 2019)
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In Re Dentsply Sirona, Inc. Shareholders Litigation (Supreme Court of NY State, 2019)
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Shamrock-Shamrock, Inc. v. Remark (Florida, 2019)
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Dulcich Inc. v. USI Insurance Services National, Inc., No. 18-cv-01089 (D. Ore, 2019)

Commonwealth v. Jones, SJC-12564 (Mass. Mar. 6, 2019)

Key Insight: Whether compelling the defendant to enter his cell phone password would violate his privilege against self incrimination under 5th Amendment and art. 12 of Mass Declaration of Rights

Nature of Case: Trafficking a person for sexual servitude

Electronic Data Involved: data held on cell phone

Keywords: Cell phone password, 5th Amendment

Identified State Rule(s): Mass. art. 12.

Identified Federal Rule(s): 5th Amendment

View Case Opinion

Harleysville Insurance Co. v. Holding Funeral Home, No. 1:15cv00057 (W.D .Va. Feb. 9, 2017)

Key Insight: Waiver of privilege for documents inadvertently posted to publicly accessible Box.com location

Nature of Case: insurance coverage litigation

Electronic Data Involved: Box.com uploads

Keywords: Box.com, privilege waiver, publicly accessible, account permissions, file sharing

Identified State Rule(s): Va. Sup. Ct. R. 4.1(b)(6)(ii)

Identified Federal Rule(s): FRE 502(b)

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Kamuda v. Sterigenics U.S. LLC (Circuit Court of Cook County Illinois, 2020)

Key Insight: whether a request for a specific format is an undue burden

Nature of Case:

Electronic Data Involved: documents produced in TIFF format versus native format

Keywords: undue burden, TIFF, native, cybersecurity

Identified State Rule(s): 214(b)

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Center for Auto Safety et al. v. Goodyear Tire & Rubber Company (Arizona Court of Appeals, 2019)

Key Insight: defendants perpetrated fraud and acted in bad faith when not disclosing test results of defective product

Nature of Case: product liability

Electronic Data Involved: product test results that were not disclosed

Keywords: fraud, bad faith, disclosure, confidentiality

Identified Local Court Rule(s): Maricopa county local practice rule 2.19, 5.4

Identified State Rule(s): 26(c)(1), 26(c)(1)(G), 26(c)(4)(A)

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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)

Crosmun v. Trustees of Fayetteville Technical Community College (N.C. Ct. App., 2019)

Key Insight: whether ESI protocol order directing party to turn over potentially privileged information without chance for review proper

Nature of Case: Retaliation – NC Whistleblower Protection Act

Electronic Data Involved: Backup and deleted records located on work computers and servers

Keywords: privilege; involuntary waiver

Identified State Rule(s): N.C. R. Civ. P. 26(b)

View Case Opinion

In Re Dentsply Sirona, Inc. Shareholders Litigation (Supreme Court of NY State, 2019)

Key Insight: Whether the stay of discovery provision can be applied to state court cases.

Nature of Case: Violations of the Securities Act of 1933

Electronic Data Involved: Stay of discovery pending a motion to dismiss

Keywords: stay of discovery, PSLRA, state v. federal court

Identified State Rule(s): PSLRA

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Shamrock-Shamrock, Inc. v. Remark (Florida, 2019)

Key Insight: Non party third parties do not have a duty to preserve in anticipation of litigation.

Nature of Case: Spoliation (property rezoning)

Electronic Data Involved: Electronic documents

Keywords: Preservation, spoliation, third-party, Shamrock

Identified State Rule(s): 440.39(7)

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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

View Case Opinion

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