Tag: Text Message

1
Redzepagic v. Hammer – Case Opinion (Southern District of New York, 2017)
2
Scott v. United States Postal Services, No. 15-712-BAJ-EWD (M.D. La. Dec. 27, 2016).
3
US v. Brown (United States Court of Appeals 3rd Circuit, 2016)
4
Congregation Rabbinical College of Tartikov, Inc. v. Village of Pomona, No. 7:07-cv-06304-KMK (S.D.N.Y. May 25, 2016).
5
First Fin. Sec., Inc v. Lee (D. Minn, 2016)

Redzepagic v. Hammer – Case Opinion (Southern District of New York, 2017)

Key Insight: Sanctions denied against defendant because text messages were available from a different source, sanctions denied against plaintiff because documents were not under plaintiff’s control

Nature of Case: Fair Labor Standards Act (failure to pay overtime wages)

Electronic Data Involved: Text messages

Keywords: FLSA, Sefket, CBA,

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Scott v. United States Postal Services, No. 15-712-BAJ-EWD (M.D. La. Dec. 27, 2016).

Key Insight: Defendants request for social media posts was too broad and needed to be even more specifically directed to claims in case.

Nature of Case: personal injury

Electronic Data Involved: Social Media Posts

Keywords: social media; scope

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Congregation Rabbinical College of Tartikov, Inc. v. Village of Pomona, No. 7:07-cv-06304-KMK (S.D.N.Y. May 25, 2016).

Key Insight: The Village did not preserve the facebook posts or text messages despite having that duty. Court ruled that severe sanctions were warranted including an adverse inference and legal fees.

Nature of Case: discrimination; zoning

Electronic Data Involved: Facebook posts and text messages

Keywords: adverse inference; facebook, texts

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First Fin. Sec., Inc v. Lee (D. Minn, 2016)

Key Insight: Magistrate recommended sanctions for defendants’ willful failure to comply with his discovery order. No finding of bad faith.

Nature of Case: Breach of contract.

Electronic Data Involved: Defendant emails and text messages.

Keywords: “Strong circumstantial evidence” that the defendants had concealed documents. Adverse inference instructions and legal costs imposed by court.

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