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Defendants’ Motion to Compel Rigorous Social Media Discovery Searches From Class Plaintiffs Denied
In In re: ZANTAC (RANITIDINE) PRODUCTS LIABILITY LITIGATION, No. 20-MD-2924 (S.D. FL Nov. 15, 2021) Defendants served the 10 named Class Plaintiffs with Requests for Production and Interrogatories related to the Second Amended Consolidated Economic Loss Class Action Complaint and the Amended Consolidated Medical Monitoring Class Action Complaint. At issue
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Neither The Attorney-Client Privilege Nor Work-Product Doctrine Prohibits The Disclosure of Factual Information About A Party’s Discovery Efforts
In GINA VASOLI v. YARDS BREWING COMPANY, and TREVOR PRICHETT, Civil Action No. 21-2066 (E.D.P.A. Nov. 1, 2021), at issue was whether Defendants withheld ESI that would have been pertinent to Plaintiff’s employment discrimination and retaliation case. During discovery, Defendant Yards Brewing Company, LLC (“Yards”), and its Chief Executive Officer,
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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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GDPR Did Not Bar Discovery Of Documents In Possession and Control Of Foreign Defendants
In ANYWHERECOMMERCE, INC. v. INGENICO, INC., Civil Action No. 19-cv-11457-IT (D. MA. June 3, 2021) before the Court was Plaintiffs’ Motion for Reconsideration of the Court’s August 31, 2020 order regarding Plaintiffs’ Motion to Compel Production of Documents. At issue was whether the discovery sought by Plaintiffs could be ordered
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Motion to Compel Production of Text Messages Granted
In SAGE PRODUCTS v. CHEMRITE COPAC, INC., No. 19 CV 5308 (N.D. Ill. Nov. 12, 2021) pending before the Court was a motion by Defendant ChemRite Copac, Inc., to compel Plaintiff, Sage Products, LLC, to produce text messages. This was a breach-of-contract suit between Sage, a manufacturer and supplier of
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Fee Shifting For Response To Subpoena Not Appropriate Where The Non-Party Had Actual Interest In Outcome Of The Case
In SANDOZ v. UNITED THERAPEUTICS, Civil Action No. 19-10170 (D.N.J. April 6, 2021) before the Special Master was Defendant United Therapeutic’s motion to compel non-party Liquida to bear the cost of responding to Defendant’s subpoena. During the pendency of the lawsuit, Defendant learned that non-party Liquida would be acquiring Plaintiff.
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Evidence Of Defendants’ Intentional Destruction Of Encryption Keys Permitted To Be Presented To Jury
[kc_row use_container=”yes” force=”no” column_align=”middle” video_mute=”no” _id=”935427″][kc_column width=”12/12″ video_mute=”no” _id=”803459″][kc_column_text _id=”725881″] In DOUBLELINE CAPITAL v. ODEBRECHT FINANCE, No. 17-CV-4576 (S.D.N.Y. Mar. 30, 2021), a securities fraud lawsuit, Plaintiffs sought sanctions against Defendants, specifically, a mandatory adverse inference instruction at trial, as remedy for Defendants’ intentional destruction of encryption keys needed to
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Arbitrary Limits On The Number of Custodians And Use of ESI Costs In Different Case To Justify Burden And Splitting of Costs Rejected by Magistrate Judge
In COUNTESS CARY v. NORTHEAST ILLINOIS REGIONAL COMMUTER RAILROAD CORP, No. 19 C 3014 (N.D. Illinois February 22, 2021), before the Magistrate Judge was Plaintiff’s Motion to Compel Defendant’s production of ESI, which presented multiple issues. With respect to the issue of the number of custodians, Defendant proposed an arbitrary
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Motion In Limine To Exclude Evidence of Plaintiffs’ Allegations of Spoliation Overruled
In KIEFFABER v. ETHICON, Civil Action No. 20-1177-KHV (D. Kansas March 25, 2021), Defendants filed a motion in limine to exclude evidence of Plaintiffs’ allegations of Defendants’ spoliation. Despite an admission by its corporate designee that Ethicon destroyed tens of thousands of relevant documents in violation of its own document
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The Fact That Search Terms May Yield A Large Production Does Not Mean The Search Terms Are Too Broad
In Green v. Meeks, Case No. 20-cv-00463-SPM (S.D. Illinois. Jan. 15, 2021), Plaintiff moved for an entry of an ESI protocol allowing for use of search terms to applied to email accounts of 15 individuals employed by Defendant or the Illinois Department of Corrections. Defendants objected that the proposed search