Tag: Text Message

1
Franklin v. Howard Brown Health Ctr., No. 17 C 8376 (N.D. Ill. Oct. 4, 2018)
2
Siras Partners LLC v. Activity Kuafu Hudson Yards LLC (N.Y. Sup. Ct., 2018)
3
Garrett v. University of South Florida Board of Trustees, No. 17-cv-2874-T-23AAS (M.D. Fla. Sept. 14, 2018)
4
Gould v. Farmers Insurance Exchange, No. 4:17 CV 2305 RWS (E.D. Mo. Aug. 30, 2018)
5
Sines v. Kessler, No, 3:18-mc-80080-JCS (N.D. Cal. Aug. 6, 2018)
6
Hayse v. City of Melvindale, No. Civ. A. 17-13294 (E.D. Mich. Aug. 2, 2018)
7
Malone v. Weiss (Eastern District Pennsylvania, 2018)
8
Trainer v. Continental Carbonic Products, Inc., No. 16-cv-4335 (D. Minn. June 15, 2018)
9
Bell v. Pension Committee of Ath Holding Co., LLC, No. 1-15-cv-02062-TWP-MPB (S.D. Ind. June 14, 2018)
10
Delago v. Tarabochia (No. C17-1822RSL (W.D. Wash. May 4, 2018), 2018)

Franklin v. Howard Brown Health Ctr., No. 17 C 8376 (N.D. Ill. Oct. 4, 2018)

Key Insight: ineffective litigation hold, failure to preserve electronic evidence

Nature of Case: workplace harassment and discrimination

Electronic Data Involved: emails, text messages, instant messages

Keywords: instant messages, faulty and failed litigation hold, the defendant “bollixed its litigation hold”

View Case Opinion

Garrett v. University of South Florida Board of Trustees, No. 17-cv-2874-T-23AAS (M.D. Fla. Sept. 14, 2018)

Key Insight: cost-shifting, proportionality

Nature of Case: Title IX violation

Electronic Data Involved: computer, cell phone, text messages

Keywords: privacy interests, forensic examination, attorney’s fees and costs, inconsistent testimony

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Gould v. Farmers Insurance Exchange, No. 4:17 CV 2305 RWS (E.D. Mo. Aug. 30, 2018)

Key Insight: self-incrimination through possession of documents

Nature of Case: Telephone Consumer Protection Act (TCPA)

Electronic Data Involved: text messages, call logs

Keywords: Telephone Consumer Protection Act (TCPA), non-party agents, Fifth Amendment Rights, self-incrimination, 47 U.S.C. 227

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Sines v. Kessler, No, 3:18-mc-80080-JCS (N.D. Cal. Aug. 6, 2018)

Key Insight: Discoverability of the identity and communications of users of anonymous messaging services.

Nature of Case: Suit against supporters of “Unite the Right” rally

Electronic Data Involved: anonymous communications, anonymous user account info, Discord records

Keywords: anonymous communications, stored communications act, first amendment rights, Discord, third party subpoenas

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Hayse v. City of Melvindale, No. Civ. A. 17-13294 (E.D. Mich. Aug. 2, 2018)

Key Insight: Non-party ESI must be in the possession, custody or control; phone not city owned, no consent given by city official- did not require production; prior phone and service provider required supplemental briefing regarding service provider contractual obligations

Nature of Case: Civil Rights

Electronic Data Involved: Cell Phone/Text Messages

Keywords: text messages, phones, service provider, consent, ownership

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Malone v. Weiss (Eastern District Pennsylvania, 2018)

Key Insight: Fabricated evidence justified sanction of dismissing case

Nature of Case: fraud, breach of contract

Electronic Data Involved: archived email

Keywords: spoliation, closely held corporation, fabricated emails

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Trainer v. Continental Carbonic Products, Inc., No. 16-cv-4335 (D. Minn. June 15, 2018)

Key Insight: proportionality, spoliation sanctions

Nature of Case: wrongful termination

Electronic Data Involved: text messages, e-mails

Keywords: spoliation, forensic imaging, relevance, duty to preserve, intent to deprive, prejudice, attorney’s fees

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Bell v. Pension Committee of Ath Holding Co., LLC, No. 1-15-cv-02062-TWP-MPB (S.D. Ind. June 14, 2018)

Key Insight: discoverability of Facebook messages

Nature of Case: Breach of fiduciary duty, ERISA

Electronic Data Involved: Facebook private messages, Facebook post

Keywords: 37(a), Facebook, private messaging, relevance, work product doctrine, common interest privilege

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Delago v. Tarabochia (No. C17-1822RSL (W.D. Wash. May 4, 2018), 2018)

Key Insight: whether certain ESI production requests relating to ESI created both before and after a personal injury incident are proportional to the needs of the case

Nature of Case: personal injury, Jones Act

Electronic Data Involved: text messages, call logs, roaming data logs, phone account information, credit card transaction history, bank account transaction history

Keywords: “defendants are fishing”, ” balance of the benefits and burdens of these post-incident discovery requests are not in defendants’ favor”, “wheelhouse”

View Case Opinion

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