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“Out of District” Attorney Fees Awarded After Finding Defendants Failed to Meet Previous Court Orders Regarding Production of ESI
In WISHART v. WELKLEY ET. AL., No. 19-CV-6189-DGL-MJP (W.D. NY., March 11, 2022), before the Court was Plaintiff’s motion for financial and non-financial sanctions. Plaintiff claimed that Correction Officer Welkley, Defendant, sexually harassed Plaintiff’s girlfriend when she came to visit Plaintiff in prison. The harassment allegedly involved a text messaging
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Motion for Sanctions for Spoliation Granted Under Federal Rules 37(e) and Rule 37(c)(1) – Part II
Part I addressed the Court’s ruling in FAST v. GODADDY.COM, LLC, No. CV-20-01448-PHX-DGC (D. Arizona Fed. 2022), under Rule 37(e) regarding the duty to preserve. Part II below addresses the Court’s ruling regarding Rule 37(c) and the failure to produce. Defendants moved for sanctions under Rule 37(c)(1) for Plaintiff’s failure
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Motion To Permit Introduction of Spoliation Evidence At Trial Granted
In In Re: GOLD KING MINE RELEASE IN SAN JUAN COUNTY, COLORADO, No. 1:18-md-02824-WJ (D. NM Aug 6, 2021) before the Court was the Navajo Nation’s and the State of New Mexico’s (“Sovereign Plaintiffs) and Sunnyside Gold Corporation’s (SGC) Motion for Sanctions arising from the EPA’s alleged spoliation of evidence.
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Judge Rules That Defendant’s Objections To Discovery Were Untimely And Without Specificity
In Thomas on Behalf of Estate of Thomas v. Bannum Place, Inc., No. 4:17-cv-13492 and No. 4:18-cv-10222 (E.D. Mich. Feb. 6, 2019), the Magistrate Judge granted and denied Plaintiff’s motion to compel in part, ruling that Defendant’s objections to Plaintiff’s discovery request were waived on the grounds of failing to
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Native Production Ordered Under FRCP 34’s “Usual Course of Business” Requirement
In the absence of a specified production format provided in the request or agreed upon by the parties, Fed. R. Civ. P. 34 requires that electronically stored information (ESI) is produced as “kept in the usual course of business…or in a reasonably usable form or forms.” A producing party ignores
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Email in Native File Format with Metadata: More Important Than Ever in 2017!
How important is email communication for nearly every civil litigation? Typically, email is crucial for shedding light on disputed situations. As we have noted before, email is often candid and casual, since people still tend to treat email as a less formal means of communication than a formal business letter.
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DC Court Admonishes Party for Flouting Discovery Deadline and Orders Attorney’s Fees Sanction
In 3E Mobile, LLC v. Global Cellular, Inc., Case NO. 14-1975 (District of Columbia, Dec. 22, 2016), Plaintiff, a manufacturer of cell phone cases, sued Defendant, a provider of cell phone accessories, several years ago over an intellectual property dispute. The case was settled in 2013, and Defendant promised to
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Amended FRCP 37(e) Imposes Higher Culpability for ESI Spoliation Sanctions in 2016 Case Law
In December 2015, the Amended Federal Rules of Civil Procedure went into effect. One of the updated amendments included FRCP 37(e), Failure to Preserve Electronically Stored Information. The amendment raised the requisite intent to have the court order spoliation sanctions, including an adverse inference instruction and terminating sanctions. Attorney fees
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District Judge Vacates Magistrate’s Order Sanctioning Bad Faith Alteration of Documents
In Huang v. Lin et. al., Case No. 14-7204 (E.D. N.Y., Nov. 23, 2016), Plaintiff, a former employee of Defendants, sued Defendants for wage and hour claims under the Fair Labor Standards Act. During discovery, Defendants produced documents purporting to be Plaintiff’s weekly pay stubs. Plaintiff, concerned that the documents
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What are the Top eDiscovery Case Law Trends of 2016?
Each week, our plaintiff electronic discovery firm publishes summaries of the top eDiscovery case law opinions and notes the trends taking place throughout the country. One trend we’ve seen this year includes the rise of requests for terminating sanctions for electronic discovery violations. Additionally, we continue to see more cases