News & Analysis as of

Electronic Discovery Personal Injury

Read Electronic Discovery updates, articles, and commentary from leading lawyers, law firms, and legal consultants:

Court Grants Summary Judgment After Plaintiff’s Spoliation Motion Denied: eDiscovery Case Law

by CloudNine on

In Taylor v. Thrifty Payless, Inc., d/b/a Rite-Aid, No. 16-00474 (D. Oregon, May 12, 2017), Oregon District Judge Marco A. Hernandez granted the defendant’s motion for summary judgment after denying the plaintiff’s request...more

Goodyear Tire & Rubber Co. v. Haeger Reignites Discussions of Federal Courts’ Inherent Authority

In recent years, discussions regarding the contours of a federal court’s inherent authority to sanction litigants for bad-faith behavior have been heating up faster than a defective tire at highway speeds. In the 2015...more

Court Rejects Overly Broad Request For Forensic Imaging Of Plaintiff’s Personal Computers

by Jackson Lewis P.C. on

An Illinois appellate court has vacated a trial court’s order compelling the forensic imaging of several personal computers used by plaintiff, applying a balancing test that takes into account both the proportionality rule...more

Social Media eDiscovery: Filter Needed

A ski trip with your fiancé results in a great photo of the two of you on a ski covered mountain; obviously, the picture is destined for your Facebook page. This picture may be used for more than to show off your good time...more

The Failure to Issue a Legal Hold Can Cause a Case to Crash and Burn

by Zapproved Inc. on

Bruner v. Am. Honda Motor Co., No. 1:15-00499-N, 2016 U.S. Dist. LEXIS 62810 (S.D. Ala. May 12, 2016). Where a defendant had never initiated a legal hold and had been continuously deleting e-mails since litigation began,...more

Go Fish: Do General Discovery Rules Apply to a Litigant’s Facebook Posts?

While discovery of social media information has been commonplace for some time, courts are still struggling with when such discovery should be allowed. While courts generally hold that normal discovery rules apply to social...more

Discovery, New Rules and a Need for Transparency

In a lawsuit the discovery process should allow each party to explore evidence in the possession of opposing parties, which may assist in proving their respective claims. The defendant is at an advantage in this process,...more

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”

by Kelley Drye & Warren LLP on

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

by Reed Smith on

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

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

by Butler Snow LLP on

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

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

by McNees Wallace & Nurick LLC on

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

by Gray Reed & McGraw on

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

by Zelle LLP on

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

by K&L Gates LLP on

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"

by Porter Hedges LLP on

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

by Baker Donelson on

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

Who Is at Fault When a Driverless Car Is in an Accident?

by JD Supra Perspectives on

One author's view on how to determine the answer that may surprise you....more

Social Media — The Possibilities Are Endless!

by Cozen O'Connor on

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

Simplify and Emphasize in Litigation Graphics

by Cogent Legal on

In oral argument, a litigator has very limited time—she needs to hit the high points and move on. She must communicate enough information to convince the judge or jury of her argument, yet must avoid getting mired in...more

Confessions of an adrenaline addict and trial lawyer

by Melody A. Kramer on

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

Lessons from ABOTA Masters in Trial: Cutting-Edge Techniques for 21st Century Evidentiary Issues

by Cogent Legal on

We are in the midst of a big data explosion. E-discovery, metadata, black box data, cell phone records, social media … the list goes on and on. Last Friday at the American Board of Trial Advocates (ABOTA) Masters in Trial in...more

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

by Katherine Gallo, Esq. on

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

by Miller Canfield on

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

California Electronic Discovery Act: Part Two

Part Two in a multi-part series on the topic. In Part One of this series, we discussed California’s Electronic Discovery Act, which established procedures for parties to discover electronically stored information (“ESI”)...more

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