News & Analysis as of

Electronic Discovery Civil Procedure Civil Remedies

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

Shrinking Damages with Smart Data

by Wilson Elser on

Recently, an elderly couple – who were both plaintiffs, one for personal injuries and the other for loss of consortium – gave testimony about their active lifestyle (outdoors and in the bedroom) before a slip-and-fall...more

eDiscovery Includes Electronic Vehicle Data and Possible Sanctions for Spoliation

Discovery of relevant material extends far beyond documents created on personal computers. Discoverable data exists in many forms, including electronic data found in vehicles such as tractors used for tractor-trailers. This...more

Court Characterizes Plaintiff’s Request for Spoliation of Images Still Available as “Frivolous”: eDiscovery Case Law

by CloudNine on

In Barcroft Media, Ltd. et al. v. Coed Media Grp., LLC, No. 16-CV-7634 (JMF) (S.D.N.Y. Sept. 28, 2017), New York District Judge Jesse M. Furman denied the Plaintiffs’ motion for spoliation sanctions for failing to preserve...more

Plaintiff Sanctioned for Preserving Only Scanned Copy of Journal and Destroying the Original: eDiscovery Case Law

by CloudNine on

In Mitcham v. Americold Logistics, LLC, No. 17-cv-00808-WJM-NYW (D. Colo. Sept. 20, 2017), Colorado Magistrate Judge Nina Y. Wang granted (in part) the defendant’s motion for sanctions for the plaintiff’s delay in producing a...more

Court Opts for Lesser Sanction for Failure to Preserve Electronic Vehicle Data: eDiscovery Case Law

by CloudNine on

In Barry v. Big M Transportation, Inc., et al., No. 1:16-cv-00167-JEO (N.D. Ala. Sep. 11, 2017), Alabama Chief Magistrate Judge John E. Ott denied the plaintiffs’ request for default judgment sanctions for failing to preserve...more

Intentional Data Destruction Gets Default Judgment in OmniGen Research v. Wang

by Zapproved LLC on

OmniGen Research v. Wang, No. 6:16-cv-00268-MC, 2017 U.S. Dist. LEXIS 78107 (D. Or. May 23, 2017). Relying on the Federal Rules of Civil Procedure and its inherent authority, a court recently imposed the extraordinary remedy...more

How Much Circumstantial Evidence is Enough for Spoliation Sanctions?

by Exterro, Inc. on

We’ve all heard, “It’s not whether you win or lose, but how you play the game.” But how you play the game is often a big part of ending up on the winning side in e-discovery. In today’s world, it has almost become normal that...more

Court Grants Lesser Sanctions Against Defendant for Various Discovery Issues: eDiscovery Case Law

by CloudNine on

In New Mexico Oncology v. Presbyterian Healthcare Servs. No. 1:12-cv-00526 MV/GBW (D.N.M. Aug. 16, 2017), New Mexico Magistrate Judge Gregory B. Wormuth, detailing numerous defendant discovery deficiencies alleged by the...more

Court Grants Defendant’s Request for $18.5 Million in Attorney Fees and Costs: eDiscovery Case Law

by CloudNine on

In Procaps S.A. v. Patheon Inc., 12-24356-CIV-GOODMAN, 2014 U.S. Dist. (S.D. Fla. Aug. 17, 2017), Florida District Judge Jonathan Goodman, in a very lengthy ruling, granted the defendant’s supplemental motion for attorney’s...more

The Wells Fargo PII Epic Fail – Chapter II

The law firm that inadvertently produced records containing personally-identifying information (“PII”) relating to 50,000 Wells Fargo customers in response to a third-party subpoena, which we first reported on, went before a...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

Court Sanctions Counsel for Not Disclosing Deleted Client Emails

by Zapproved LLC on

People v. Miller, No. 16PDJ067, 2017 BL 208514 (Colo. June 1, 2017). In a brief order, the Colorado Supreme Court fined and publicly censured attorney Randall Miller for failing to promptly disclose false evidence. During...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

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

Cloud Data is Within Defendant’s Possession, Custody and Control, Court Rules: eDiscovery Case Law

by CloudNine on

This case is a few months old, but is one of the cases we will cover in next week’s webcast Key eDiscovery Case Law Review for First Half of 2017. In Williams v. Angie’s List, No. 1:16-00878-WTL-MJD (S.D. Ind. April 10,...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

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

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

First Department Finds Work-Product Protection Not Waived by Storage of Documents on Company Laptop

On June 6, 2017, the First Department had an opportunity to apply—and reaffirm—last month’s decision in Peerenboom v. Marvel Entm’t, LLC, where the Court held that use of a company email system for personal purposes “does...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

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

166 Results
|
View per page
Page: of 7
Cybersecurity

Follow Electronic Discovery Updates on:

"My best business intelligence,
in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.