Tag: Text Message

1
Hardy v. UPS Ground Freight, Inc. (D. Mass., 2019)
2
Herzig et al. v. Arkansas Foundation for Medical Care Inc. (District Court of Western Arkansas, 2019)
3
Jacops v. Foreportal Inc. (District Court of Nebraska, 2019)
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Siemers v. BNSF Railway Co. (D. Neb., 2019)
5
Nuvasive, Inc. v. Kormanis (Middle District of North Carolina, 2019)
6
Finjan, Inc. v. Zscaler, Inc. (N.D. California, 2019)
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DR Distrib., LLC v. 21 Century Smoking, Inc. (N.D. Ill., 2019)
8
Hunters Run Gun Club v. Baker, No. 3:17-cv-00176 (M.D. La, 2019)
9
Alarm Grid, Inc. v. AlarmClub.com, Inc. (Southern District of Florida, 2018)
10
Dufrene v. American Tugs Inc. (District Court of Eastern Louisiana, 2018)

Hardy v. UPS Ground Freight, Inc. (D. Mass., 2019)

Key Insight: whether failure to provide text messages talked was spoliation of evidence

Nature of Case: employment discrimination

Electronic Data Involved: forensic imaging of plaintiff’s cell phone, relevant text messages

Keywords: text messages, forensic imaging of cell phone, spoliation

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Herzig et al. v. Arkansas Foundation for Medical Care Inc. (District Court of Western Arkansas, 2019)

Key Insight: Responsive communications were intentionally withheld and destroyed when the plaintiffs switched to an encrypted communication app

Nature of Case: wrongful termination and age discrimination

Electronic Data Involved: emails, text messages.

Keywords: Intentional spoliation, bad faith, encrypted communication application

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Siemers v. BNSF Railway Co. (D. Neb., 2019)

Key Insight: whether plaintiff was required to turn over subpoenaed phone records (without content)

Nature of Case: Federal Employers Liability Act (FELA)

Electronic Data Involved: telephone records

Keywords: subpoena, privacy, phone records, overbroad

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Nuvasive, Inc. v. Kormanis (Middle District of North Carolina, 2019)

Key Insight: Lack of action taken is not a reasonable step to maintain evidence and can lead to spoliation sanctions

Nature of Case: Employment/breach of contract

Electronic Data Involved: Email, text messages

Keywords: 30 day deletion, InoSpine

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Finjan, Inc. v. Zscaler, Inc. (N.D. California, 2019)

Key Insight: European privacy requirements preclude the production of personal data but a foreign country’s statute does nto deprive an American court the power to order production .

Nature of Case: Patent Infringement

Electronic Data Involved: Emails from a single individual

Keywords: international privacy statute, personal data,

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DR Distrib., LLC v. 21 Century Smoking, Inc. (N.D. Ill., 2019)

Key Insight: Plaintiffs object to dismissal of a counterclaim against them because Defendant’s desire to dismiss the claim is related to loss of relevant ESI

Nature of Case: defamation, trademark infringement

Electronic Data Involved: E-mail, instant messages

Keywords: counterclaim, motion to amend, diligent, dismissal

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Hunters Run Gun Club v. Baker, No. 3:17-cv-00176 (M.D. La, 2019)

Key Insight: The refusal to provide written authorization allowing a service provider to release text message records constitutes “possession, custody, or control” of those text messages.

Nature of Case: lease termination by law enforcement

Electronic Data Involved: text messages

Keywords: release of records, written authorization

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Alarm Grid, Inc. v. AlarmClub.com, Inc. (Southern District of Florida, 2018)

Key Insight: Recorded phone call between party and copyright agent regarding image timing confidential at prelitigation phase

Nature of Case: copyright dispute

Electronic Data Involved: phone call recording

Keywords: protective order, confidential phone call, work-product

Identified State Rule(s): FRBC Rule 4-4.1, 4-1.2

Identified Federal Rule(s): 26(b)(3), 37(a)(5)

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