ESI Case Law

ILS Team
October 26, 2020

Just Because A Search Will Produce More Documents Than Are Relevant Does Not Excuse Failing To Conduct A Search Rules Magistrate Judge

Before the Magistrate Judge in Hardman v. Unified Gov’t of Wyandotte Cnty., Case No. 19-2251-KHV-TJJ (D. Kan. Aug. 10, 2020) were a myriad of discovery disputes presented in Plaintiff’s motion to compel. Among others, Plaintiff moved for an order requiring Defendant to conduct searches using certain key words and for Defendant to include the email

ILS Team
October 19, 2020

Representative Examples of Search Hits Ordered In Discovery Dispute

In Taylor v. Shutterfly, Inc., Case No. 18-cv-00266-BLF (VKD) (N.D. Cal. Sep. 2, 2020), the issue before the Court was the parties’ dispute concerning the application of search terms to Defendant Shutterfly’s ESI collection. The case arose from Plaintiff’s claim that Shutterfly placed misleading advertisements on Groupon’s website. In addition to seven agreed upon search

ILS Team
October 12, 2020

Redactions Of Death Data In The Form of Clinical Trial Study Days Ruled Improper

In In re Onglyza (Saxagliptin) & Kombiglyze XR (Saxagliptin & Metformin) Prods. Liab. Litig., No. 5:18-MD-2809-KKC, (E.D. Ky. Aug. 19, 2020), at issue before the Magistrate Judge was Plaintiffs’ motion to compel arising from their claim that Defendants engaged in improper redactions of relevant information. Among the redaction types addressed by the Magistrate Judge were

ILS Team
October 5, 2020

Spoliation Sanctions Motion Denied In Cruise Line Slip and Fall Case

In Hoover v. NCL, No. 19-22906 (S.D. Fla. Aug. 5, 2020), the District Court denied Plaintiff’s spoliation sanctions motion. Plaintiff was a passenger on a cruise ship operated by Defendant and slipped while walking down an outdoor stairway sustaining injuries. After the cruise, Plaintiff contacted Defendant’s claims division about her fall and injuries but did

ILS Team
September 28, 2020

Magistrate Judge Had “No Interest In Going Where Angels Fear To Tread” In Deferring A Ruling On The Parties’ Search Term Dispute

Plaintiff in McMaster v. Kohl’s Dep’t Stores, No. 18-13875, (E.D. Mich. Jul. 24, 2020), filed a claim for wrongful termination under the American With Disabilities Act (“ADA”) against Kohl’s Department Store. Before the Court was Plaintiff’s Second Motion to Compel Discovery. Among the various discovery issues disputed by the parties were competing search term lists

ILS Team
September 21, 2020

Motion To Tax Costs Denied To The Extent Certain Costs Were Part Of Non-Taxable Preparatory Steps Preceding Actual Production

CARE ONE MANAGEMENT, LLC v. UNITED HEALTHCARE WORKERS EAST, No. 12-6371 (SDW) (D. NJ. June 26, 2020) was a Clerk’s opinion granting in part and denying in part Defendant’s motion to tax costs following entry of judgment. Defendant sought, among others, costs of making copies pursuant to 28 U.S.C. § 1920(4). According to the parties’

ILS Team
September 14, 2020

Defendant Ordered To Produce Unredacted Versions of Documents

In Nieves v Baptist Memorial Medical Group, No. 18-2748-JTF (W.D. Tenn. June 23, 2020), the Court granted Plaintiff’s motion to compel unredacted versions of documents. The case was a class action contract and individual suit alleging a violation of federal anti-discrimination law. Plaintiff alleged that Defendant discriminated against him by, among others, withholding his pay,

ILS Team
September 7, 2020

Court Orders Litigation Hold Notice To Be Produced

In Radiation Oncology Servs. of Cent. N.Y., P.C. v Our Lady of Lourdes Mem. Hosp., Inc., EF15-462 (June 9, 2020 NY Supreme Court, Cortland County), Plaintiff’s motion for production of litigation hold was granted after making a preliminary showing of spoliation. The case arose from a dispute between the Plaintiff physician and Defendant hospital after

ILS Team
August 31, 2020

Court Denies Spoliation Sanctions Where Party Failed to Satisfy Elements of FRCP 37(e)

In SHACKLEFORD v IVINT SOLAR DEVELOPER LLC, No. ELH-19-954 (D. Md. Jul. 2020), the District Court denied Plaintiff’s motion for spoliation sanctions where only bare-bones allegations were provided. The case arose from Plaintiff’s claim that Defendant violated the Fair Credit Reporting Act. Plaintiff alleged that one of Defendant’s salespersons appeared at her house attempting to

ILS Team
August 24, 2020

Defendants’ Unilateral Relevancy Redactions Leads To Monetary Sanctions

In Cuppels v. Mountaire Corporation, C.A. No.: S18C-06-009 (Del. Sup. Ct. June 29, 2020), the Delaware Superior Court awarded monetary sanctions to Plaintiffs as a result of Defendants’ inappropriate redactions. The case arose from claims made by Plaintiffs related to the operation of a chicken processing facility. Following Defendants’ motion to dismiss, the Court entered