Kroll Ontrack Inc.

Court Finds Marginal Relevance Not Enough to Compel Continued Discovery (Arizona)

Miller v. York Risk Servs. Grp., 2015 WL 3490031 (D. Ariz. June 3, 2015). In this worker’s compensation case, the plaintiffs moved to compel the defendant to produce Independent Medical Examination (IME) reports, company…more
| Civil Procedure, Electronic Discovery, Worker’s Compensation

Failure to Comply After Meet and Confer Results in Expensive Costs for Reproduction (California)

Themis Bar Review, LLC v. Kaplan, Inc., WL 3397877 (S.D. Cal. May 26, 2015). The defendant served the plaintiff a request for production, seeking documents related to the plaintiff’s pass rate advertising and data…more
| Civil Procedure, Civil Remedies, Electronic Discovery

Court Finds Good Faith Submission of Costs in Accordance with Rule 54 (North Dakota)

Fitbug Ltd. v. Fitbit, Inc., 2015 WL 2251257 (N.D. Cal. May 13, 2015). In this trademark infringement case, two manufacturers of electronic fitness tracking devices disagreed over the bill of costs submitted by the…more
| Civil Procedure, Civil Remedies, Electronic Discovery, Taxation

Court Affirms that Discovery Standard is Reasonableness, Not Perfection (Nebraska)

Malone v. Kantner Ingredients, Inc., 2015 WL 1470334 (D. Neb. Mar. 31, 2015). In this employment dispute, the plaintiffs moved for an order to request production of emails and invoices between the defendants and a third…more
| Civil Procedure, Civil Remedies, Electronic Discovery

Court Orders Cost Sharing in ESI Conversion (Virginia)

Hanwha Azdel, Inc. v. C&D Zodiac, Inc., 2015 WL 1417058 (W.D. Va. Mar. 27, 2015). In this breach of contract case, the parties disagreed in regards to the amount stated by the defendant in the bill of costs, filed under 28…more
| Civil Procedure, Electronic Discovery

Document Preservation: Know When to Hold ‘Em (and When to Fold ‘Em)

The cut-throat, high stakes environment of a nail-biting poker tournament is oddly similar to the world of document preservation in litigation, investigations and regulatory events. Though the former tends to take place in a…more
| Civil Procedure, Electronic Discovery

Court Requires the Calculation of Damages to Proportionally Resolve Discovery Dispute (California)

Corning Optical Communs. Wireless v. Solid, Inc., 2015 WL 1726749 (N.D. Cal. April 14, 2015). In this patent case, the plaintiff was required to provide damages related information as part of its Fed.R.Civ.P. 26(a) initial…more
| Civil Procedure, Civil Remedies

Court Compels Production of Metadata (New Jersey)

Younes v. 7-Eleven, Inc., 2015 WL 126313 (D.N.J. Mar. 18, 2015). In this franchise dispute, the plaintiffs sought the metadata from two spreadsheets and 38 documents, arguing they needed the requested metadata because…more
| Civil Procedure, Electronic Discovery, Franchise Law

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 of a…more
| Civil Procedure, Civil Remedies, Electronic Discovery, Personal Injury

SCOTUS Approves Proposed FRCP Amendments

On April 29, 2015 amendments to the Federal Rules of Civil Procedure (FRCP) took another step forward in the process. In a letter to U.S. Senate and House of Representatives leadership, Chief Justice John Roberts submitted the…more
| Civil Procedure, Electronic Discovery

Court Untangles Dispute over Production Format, Orders Reasonably Usable Form (California)

Wilson v. Conair Corp., 2015 WL 1994270 (E.D. Cal. Apr. 30, 2015). In this consumer class action case, the plaintiffs asked for ESI production to be made in native file format or TIFF images, while the defendant argued that…more
| Civil Procedure, Electronic Discovery

Court Allows Deposition of Computer Forensics Specialist to Aid in Discovery (Florida)

Procaps S.A. v. Patheon Inc., 2015 WL 1880346 (S.D. Fla. Apr. 24, 2015). The plaintiff failed to place a litigation hold on its documents which resulted in an inadequate search for responsive information in discovery…more
| Civil Procedure, Electronic Discovery

Court Redefines the Legal Standard for Preservation Obligations (4th Circuit)

Blue Sky Travel & Tours, LLC v. Al Tayyar, 2015 WL 1451636 (4th Cir. Mar. 31, 2015). In this breach of contract case, the defendants failed to produce relevant documents despite a court order, and sanctions were imposed…more
| Civil Procedure, Commercial Law & Contracts, Electronic Discovery

Court-Ordered Seizure of Defendants’ Records in Separate Case Enough to Avoid Sanctions (New York)

Perez v. Metro Dairy Corp., 2015 WL 1535296 (E.D.N.Y. Apr. 6, 2014). In this class action, the plaintiffs sought sanctions for the defendants’ failure to produce certain relevant employment documents and records. The…more
| Civil Procedure, Civil Remedies, Electronic Discovery

Court Finds No Spoliation after Deletion of Emails during Routine Audit (Missouri)

Gladue v. Saint Francis Medical Center, 2015 WL 1359091 (E.D. Mo. Mar. 24, 2015). In this employment case, the plaintiff sought sanctions for the spoliation of deleted emails. After the plaintiff had been terminated from…more
| Civil Procedure, Electronic Discovery
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