News & Analysis as of

Sanctions Discovery

Genpact Avoids Sanctions with Timely Legal Holds and ESI Search

by Zapproved LLC on

Court Denies Additional Search for Information Based Only on Speculation in Mirmina v. Genpact LLC, No. 3:16CV00614 (AWT), 2017 BL 260425 (D. Conn. July 27, 2017). In this employment discrimination case, the court denied...more

Plaintiff Sanctioned for Spoliation of Evidence in His Case Against Taylor Swift: eDiscovery Case Law

by CloudNine on

In Mueller v. Swift, No. 15-cv-1974-WJM-KLM (D. Colo. July 19, 2017), Colorado District Judge William J. Martinez ruled that “Plaintiff’s loss or destruction of the complete recording of the June 3, 2013 conversation [between...more

Business Litigation Report - July 2017

Article: July 2017: A Practical Guide to Spoliation Sanctions Under Amended Rule 37(e) - Federal Rule of Civil Procedure 37(e), addressing the availability of sanctions for failure to preserve electronically stored...more

Blatant Bad Faith in Discovery May Ultimately Warrant Terminating Sanctions

by Zapproved LLC on

CrossFit case wins sanctions for defendant's blatant bad faith - CrossFit, Inc. v. Nat’l Strength & Conditioning Ass’n, No. 14cv1191 JLS (KSC) (S.D. Cal. May 26, 2017). In this unfair competition suit filed by CrossFit,...more

July 2017: A Practical Guide to Spoliation Sanctions Under Amended Rule 37(e)

Federal Rule of Civil Procedure 37(e), addressing the availability of sanctions for failure to preserve electronically stored information (ESI), was amended effective December 1, 2015. One purpose of the amendments, as the...more

Federal Circuit Finds Regeneron Transgenic Mouse Patent Invalid For Inequitable Conduct With Intent Inferred From Litigation...

by Foley & Lardner LLP on

In a 38 page decision with a 19 page dissent by Judge Newman, the Federal Circuit determined that Regeneron’s transgenic mouse patent is unenforceable due to inequitable conduct. The decision was rendered in Regeneron...more

Lack Of Prejudice Precludes Sanctions Following Automatic Deletion Of Emails

by Jackson Lewis P.C. on

Magistrate Judge Iain D. Johnston recently held that sanctions were not warranted under Fed. R. Civ. P. 37(e) against a defendant who admitted to erroneously destroying electronically stored information (ESI). While the court...more

Fundamentals of Document and ESI Discovery

by Knobbe Martens on

Preserving Evidence: •“The duty to preserve evidence begins when litigation is ‘pending or reasonably foreseeable.’” Micron Tech., Inc. v. Rambus, Inc., 645 F.3d 1311, 1320 (Fed. Cir. 2011) •“It is, of course, not...more

Court Shifts Costs of Forensic Computer Exam to Plaintiff for Not Preserving Emails

by Zapproved LLC on

Estate of Shaw v. Marcus, Nos. 14 Civ. 3849 (NSR) (JCM), 14 Civ. 5653 (NSR) (JCM), 2017 WL 825317 (S.D.N.Y. Mar. 1, 2017). In this complex dispute over a family business, the court redressed the plaintiff’s former...more

Bullet-Point Update: Electronic and Federal Court Discovery Issues for the Week of July 14, 2017

by Carlton Fields on

Cloud Computing - • Use this to convince your clients that their cloud storage may be discoverable: Open Text Corp. v. Grimes, 2017 WL 2733937 (D. Md. June 26, 2017) (Noting earlier entry of an agreed order requiring a...more

Bullet-Point Update: Electronic and Federal Court Discovery Issues for the Week of July 7, 2017

by Carlton Fields on

Cloud Computing - Use this to convince your clients that their cloud storage will be discoverable: PC Connection, Inc. v. Mereos, 2017 WL 1078121 (D. Md. March 22, 2017)(Awarding emergency injunction requiring independent...more

Failure to Prove ‘Intent to Deprive’ Web Browser History Robs Plaintiff of Sanctions

by Zapproved LLC on

Eshelman v. Puma Biotech., Inc., No. 7:16-CV-18-D, 2017 WL 2483800 (E.D.N.C. June 7, 2017). In this defamation case, the court denied a jury instruction for spoliation where the plaintiff failed to prove that the defendant...more

The U.S. Supreme Court Limits Sanctions to Compensation, Not Punishment

by Moore & Van Allen PLLC on

It is not every day the U.S. Supreme Court pays attention to matters that affect the practice of discovery, but that day came with Goodyear Tire and Rubber Co. v. Haeger, 581 U.S. ___, 137 S.Ct 1178 (April 18, 2017). Writing...more

Magistrate Advises Serious Sanctions Against Trading School Owner Greg Gramalegui for Bad Faith Discovery Violations

by Zapproved LLC on

Magistrate Advises Sanctions Against Gramalegui for Discovery Violations - U.S. Commodity Futures Trading Comm’n v. Gramalegui, No. 15-cv-02313-REB-GPG (D. Colo. June 14, 2017). For over two years, the defendant,...more

Court Declines to Impose Sanctions for Failure to Preserve Web History: eDiscovery Case Law

by CloudNine on

In Eshelman v. Puma Biotechnology, Inc., No. 7:16-CV-18-D (E.D.N.C. June 7, 2017), North Carolina Magistrate Judge Robert B. Jones, Jr., among other rulings, denied the plaintiff’s motion for an order permitting a jury...more

A District Court’s Discretion to Sanction Is Broad, “But For” a Causal Limitation

Recently, the U.S. Supreme Court clarified in Goodyear Tire & Rubber Co. v. Haeger that even a district court’s exercise of broad discretion to impose a civil sanction for a litigant’s bad faith conduct has to be limited by a...more

Surreptitious Cyber-Conduct Results In New York County Decision Striking Defendant’s Answer

by Farrell Fritz, P.C. on

In a decision dated May 26, 2017, Justice Chan of the Supreme Court of the State of New York, New York County, struck the defendant’s answer. Although the Court acknowledged that the imposition of this particular sanction...more

Spolier Alert Part II: Federal Courts

by Fox Rothschild LLP on

I previously blogged on the spoliation of evidence in Florida courts. In federal cases, federal law governs the imposition of sanctions for spoliation of evidence. Federal courts may consider state law in deciding whether...more

With Ample Evidence of Bad Faith, Court Sanctions Defendant for Failure to Produce Documents: eDiscovery Case Law

by CloudNine on

In CrossFit, Inc. v. Nat’l Strength and Conditioning Assn., No. 14cv1191 JLS (KSC) (S.D. Cal. May 26, 2017), California District Judge Janis L. Sammartino granted the plaintiff’s motion for several issue, evidentiary, and...more

The E-Discovery Digest - June 2017

The seventh edition of The E-Discovery Digest focuses on recent decisions addressing the scope and application of the attorney-client privilege and work-product doctrine, spoliation, and discovery responses....more

Court Grants Motion for Terminating Sanctions Against Defendants for Intentional Spoliation: eDiscovery Case Law

by CloudNine on

In Omnigen Research et. al. v. Wang et. al., No. 16-00268 (D. Oregon, May 23, 2017), Oregon District Judge Michael J. McShane granted the plaintiffs’ Motion for Terminating Spoliation Sanctions and agreed to issue an Order of...more

Supreme Court Says Attorney Fees Must Be Causally Linked to Misconduct

by Zapproved LLC on

Goodyear Tire & Rubber Co. v. Haeger, No. 15-1406 (U.S. Apr. 18, 2017). The Supreme Court recently issued a unanimous opinion resolving a split in the circuit courts about what attorney fees courts can award for misconduct...more

Despite Parties’ “Significant Animosity”, Court Orders Them to Meet and Confer: eDiscovery Case Law

by CloudNine on

In Elhannon LLC v. F.A. Bartlett Tree Expert Co., No. 2:14-cv-262 (D. Vermont, Apr. 18, 2017), Vermont District Judge William K. Sessions, III granted in part and denied in part the plaintiff’s renewed motion to compel,...more

A Federal Court’s Award Of Attorneys’ Fees As A Sanction For Bad-Faith Conduct Cannot Be Punitive

by Farrell Fritz, P.C. on

Most practitioners are familiar with the federal sanction powers as codified in the Federal Rules of Civil Procedure (i.e., Rules 11, 26, 30 and 37). However, all federal courts also possess inherent sanction power that is...more

Court Orders Specific Discovery After Complete ‘Breakdown’ Between Parties

by Zapproved LLC on

In Bird v. Wells Fargo, the Court Orders Specific Discovery After Process Breaks Down - Bird v. Wells Fargo Bank, No. 16-1130 (E.D. Cal. Mar. 31, 2017). In this case, the discovery process broke down so completely...more

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Cybersecurity

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