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Different Types of Sanctions Considered for EEOC eDiscovery Disputes
In our last blog, we reviewed the plaintiff eDiscovery issues in EEOC v. The Original Honeybaked Ham Company of Georgia, No. 11-cv-02560-MSK-MEH (D.Co. Feb. 27, 2013). While the court found the EEOC attorneys’ conduct caused delays in the discovery process, it grappled with what sanctions might be appropriate. The court
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Court Grants Fees for Predictive Coding of Electronic Discovery
The case of Gabriel Technological Corporation v. Qualcomm Incorporated, 2013 WL 410103,(S.D.Cal.) was an exceptional case where the court determined that plaintiffs’ “frivolous claims” in a patent lawsuit (where among others, plaintiff failed to provide sufficient evidence to establish the rightful inventors of the patents at issue) warranted sanctions and cost shifting.
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District Court: Email is Obvious and Critical Source of Information
On Monday, our blog reviewed a federal district court case Branhaven, LLC v. Beeftek, Inc., et al., Civ. No. WDQ-2334 (D. Md. 2013). In the case, after five months, plaintiff produced electronic data that consisted of 112,106 documents three days before oral depositions were scheduled. Although plaintiff offered some excuses
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Court Finds Culpable Mind in Defense Spoliation of Plaintiff eDiscovery
So which side comes out on top for Day v. LSI Corporation, 2012 WL 6674434 (Dec. 20, 2012 D. Ariz.)? Monday’s blog detailed the specific categories of electronic data discovery that plaintiff alleges to be missing from the defense production, and on Wednesday, we reviewed the defenses to the allegations
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Does Reckless Disregard Rise to the Level of Bad Faith for Evidence Spoliation?
Our blog this week is discussing the evidence spoliation case Bozic v. City of Washington, Pennsylvania (2012 WL 6050610)(W.D.Pa. Dec. 5, 2012). The City Solicitor of the defendant city re-recorded an audiotape of an important meeting with the plaintiff, which events ultimately led to the plaintiff’s termination as a city
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Plaintiff eDiscovery Lesson from Multifeeder
Computer Forensics Expert Uncovers Defense Spoliation In the modern realm of electronic discovery, the impulse to obfuscate and destroy evidence is often a tempting one, particularly to individual witnesses who sometimes operate under the false belief that they can conceal their tracks by use of data purging or encryption software.
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eDiscovery Lesson: Surprise! Dismissal Proper After Taking Sledgehammer to Computer
In Taylor v. Mitre Corporation, 2012 WL 5473573 (E.D.Va. Nov. 8, 2012), an employee alleged employment discrimination. After making the requisite EEOC claim, the employee took a “sledgehammer” to his work computer containing email threads and discarded the scraps in a landfill. He subsequently received the “right-to-sue” letter from the
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DOJ’s Untimely Litigation Hold Results in Inadequate ESI Production and Sanctions
In the recent case of U.S. ex rel. Baker v. Community Health Systems, Inc., 2012 WL 5387069 (D.N.M. Oct 3, 2012), the U. S. Department of Justice (DOJ) alleged the defendant engaged in Medicaid fraud. In a motion for sanctions, defendant alleged that the DOJ’s litigation holds were untimely and
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Another Class Action Lawsuit Filed Over iPhone Unlock Codes
Apple is facing a new class action lawsuit, filed by named plaintiffs Zach Ward and Thomas Buchar, who alleged that Apple’s policies and “secret” contract with AT&T are in violation of U.S. anti-trust laws which prohibit anti-competitive behaviors. Plaintiffs allege that consumers who purchased an iPhone between October 19, 2008
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District Court Ups the Monetary Sanctions for Defense Production Spoliation in Multifeeder
In reviewing the recommendations of the magistrate judge in Multifeeder Technology, Inc. v. British Confectionery Company Limited (2012 WL 4135848 (D. Minn.)), the district court noted that sanctions for spoliation require a finding of an intentional destruction of evidence indicating a desire to suppress the truth. Id. at 4, citing