Electronic Discovery Personal Injury Civil Procedure

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Social Media E-Discovery: Are Your Facebook Posts Discoverable in Civil Litigation?

Judge Richard J. Walsh began his opinion in Largent v. Reed with the following question: “What if the people in your life want to use your Facebook posts against you in a civil lawsuit?” With the explosive growth of social...more

Who is John Doe? Actor James Woods Brings “Twibel” Case Against Anonymous User “Abe List” for Calling Him A “Cocaine Addict”

Last week, renowned film and television actor James Woods brought a defamation claim against an anonymous Twitter user who tweets from the handle “Abe List,” alleging that Abe List falsely accused Woods of being a cocaine...more

Texas Legislature Passes Two Bills Impacting Personal Injury or Wrongful Death Litigation

Companies at risk of personal injury or wrongful death litigation in Texas should take note of two bills recently passed by the 84th Texas Legislature, HB 1692 and SB 735. HB 1692 HB 1692 is intended to curb the practice...more

Appellate Court Rejects Reliance on Document Retention Policy; Justifies Harsh Sanctions (Washington)

Crews v. Avco Corp., 2015 WL 1541179 (Wash. Ct. App. Apr. 6, 2015). In this wrongful death action, the plaintiffs sought discovery concerning the design and manufacture of a carburetor that was believed to be the cause...more

Crash, Bang, Smash! Tips for Successfully Navigating Evidentiary Roads In Motor Vehicle Collisions

So your client has been involved in motor vehicle collision. Now what? Whether representing a plaintiff or a defendant in a crash, preserving all potentially relevant evidence is an obvious first concern. What may not be so...more

Deceptive and Evasive Plaintiffs Hit With Sanctions (DC Circuit)

Parsi v. Daioleslam, 2015 WL 525146 (D.C. Cir. Feb. 10, 2015). In this appeal from a defamation case, the plaintiff sought the reversal of sanctions imposed by the district court. At trial, the plaintiff sought damages...more

Court Denies Plaintiff’s Request for Production of Files in Native Format, but Demands Production of Metadata (New Jersey)

Peterson v. Matlock, 2014 WL 5475236 (D. N.J. Oct. 29, 2014). In this personal injury case, the plaintiff moved to compel production of the defendant’s electronically stored medical records in “native readable format”...more

Plaintiff’s Vacation to Hawaii was a Nightmare, or not?

What happens when your dream vacation turns into a nightmare? That’s easy; it’s America, so obviously you sue everyone who may be responsible. Sometimes, if you’re lucky, the opposing side may not comply with e-discovery...more

Defendant’s Gross Negligence Leads to Adverse Inference Instruction (New York)

Riley v. Marriott Int’l, 2014 WL 4794657 (W.D. N.Y. Sept. 25, 2014). In this personal injury case, the plaintiffs sought video surveillance and “sweep logs” after one of the plaintiffs slipped and fell in the...more

Illinois Supreme Court Agrees to Unravel Procedural Tangle in Internet Posting Case

Our previews of the newest additions to the Illinois Supreme Court’s civil docket continue with Hadley v. Subscriber Doe. Hadley is a defamation case arising from an anonymous internet posting, but that issue comes wrapped in...more

Are Attorney-Expert Communications Discoverable in Pennsylvania? (Almost never) -- Some Clarity from the Appellate Courts

In Pennsylvania, testifying experts usually are not deposed before trial; typically, their written reports are provided in advance of trial and delineate the substance and scope of their testimony. Attorneys often wish to...more

Unmasking the anonymous online critic – first, there is the matter of jurisdiction

On Friday, the Supreme Court of Texas issued a 5-4 decision holding a plaintiff needs to establish jurisdiction over an anonymous blogger before a court will allow pre-suit discovery that would likely unmask the blogger’s...more

Insurers Be Warned, Your Communications Are Discoverable

Insurers and reinsurers regularly communicate regarding matters they view as confidential. These communications often relate to claims, both routine and litigated, by the underlying insureds. Insureds, in turn, seek discovery...more

Texas Supreme Court Issues New Framework for Spoliation Sanctions

On July 3, 2014, the Texas Supreme Court issued an opinion intended to clarify the circumstances in which a trial court may impose sanctions for spoliation, including specifically the submission of a spoliation instruction to...more

Business Litigation Alert: "What You Don't Keep Can Hurt You"

A recent Texas Supreme Court decision has important implications for the policies companies follow in Texas to avoid accusations that they have tampered with evidence or destroyed records improperly. The Supreme Court...more

Court Aims to "Fill in the Gaps" of Texas Spoliation Law

Acknowledging increasing difficulties associated with maintaining large volumes of electronic information in today's digital age, the Texas Supreme Court recently issued its opinion in Brookshire Bros. v. Aldridge. The...more

Think Before You Tweet

In November, 2013, a 20 year old woman, Kayla Mendoza, allegedly drove between 84 and 96 miles per hour the wrong way down a Florida highway. Her car allegedly collided with the car of Kaitlyn Ferrante and Marisa Catronio,...more

Social Media — The Possibilities Are Endless!

Facebook. Instagram. YouTube. Twitter. LinkedIn. SnapChat. Flickr. Google+. Tumblr. WeChat. MySpace. WhatsApp. Reddit. The list of social media and networking sites goes on and on. It’s fairly common knowledge...more

N.J. Court Rules: Texters Can Be Found Liable For Texting And Driving From Their Living Room—The Implications For E-discovery

Locals were stunned when a New Jersey Appeals Court held “that a person sending text messages has a duty not to text someone who is driving if the texter knows, or has special reason to know, the recipient will view the text...more

Top 5 Ediscovery Case Summaries – May 2013: New Jersey - Sanctions Granted for Social Media Spoliation

Gatto v. United Air Lines, Inc., 2013 WL 1285285 (D.N.J. Mar. 25, 2013). In this personal injury dispute, the defendants sought spoliation sanctions arising out of the plaintiff’s destruction of relevant social media...more

Confessions of an adrenaline addict and trial lawyer

Adrenaline and its effects is the crushing elephant in the room of every courthouse across the country. Lawyers strung out on adrenaline are crowding our courtrooms with lawsuits that never end, disputes that never get...more

S.D.N.Y. Sanctions Ryan Leslie For Negligently Destroying His Laptop’s Hard Drive

It is not really a surprise when a celebrity makes the news after being sued; we see it happen all time. Those cases typically involve some sort of misconduct, domestic issue, or some other media-driven dispute. It is not...more

COITO v. SUPERIOR COURT--Is It Heading Back to the Supreme Court?

On August 14, 2012, Judge William A. Mayhew of Stanislaw Superior Court issued his Notice of Hearing on Issues Re Remand in the case of Debra Coito v. State of California. The order requested that the following issues to be...more

Don’t Forget Social Media During Discovery

Social media continues to be important in litigation, especially in cases where the plaintiff alleges damages for emotional distress or mental injury. Courts are increasingly allowing discovery of the plaintiff's social media...more

Acted With Substantial Justification

Just wondering, but what does the phrase "acted with substantial justification" mean in the sanctions statute for motion to compel depo testimony, CCP 2025.480 (pdf)? Does it mean the conduct that led the moving party to...more

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