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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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California Plaintiff Class Actions Against Google, Yahoo Allege Email Eavesdropping
Class action lawsuits have been filed against Google and Yahoo! for unlawful and wrongful wiretapping and eavesdropping in violation of California’s Invasion of Privacy Act (CIPA). Plaintiffs allege the defendants intercepted email threads prior to delivery without the consent of the author and sender. This is not a surprise as it
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Goodyear Takes Heat After Fraudulent Plaintiff eDiscovery Evasions
Discovery should not and cannot be a game of hide and seek. That is the take away statement in Haeger v. Goodyear Tire and RubberCo., No. CV-05-02046-RHX-ROS (D.Ct.Ariz. Nov. 8, 2012). Tire safety tests were at issue in discovery in the underlying product liability case. Plaintiffs sought relevant documents regarding
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Plaintiff eDiscovery Uncovering Damaging Evidence in Papa John’s Class Action
The class action litigation in the U.S. District Court in Seattle against defendant Papa John’s has now entered the discovery phase. Plaintiffs are consumers who allege the pizza maker and franchisor of over 4,000 restaurants violated the Telephone Consumer Protection Act (TCPA). The class was certified last Friday, and plaintiff trial
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What Are Defendants Hiding in NuvaRing Multidistrict Litigation?
Multidistrict litigation differs from class action lawsuits in that each plaintiff pursues individual lawsuits, but the discovery and pretrial phases are consolidated for purposes of judicial economy. In Re: NuvaRing Products Liability Litigation, No. 08-md-1964, (E.D.Mo.) is an ongoing federal MDL case against pharmaceutical manufacturers Merck, Schering-Plough and Organon. (Another
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Plaintiff eDiscovery Requests Reveal Damaging Email Threads in Facebook Lawsuit
Facebook has been embroiled in litigation for over two years regarding the validity of some of its users’ “clicks” on its pay-per-click advertising. Plaintiffs in the suit are Facebook advertisers who pay the company every time an internet user clicks on their ads. The plaintiffs sought class action certification and alleged
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Sweeping Plaintiff eDiscovery Ordered for Social Media Accounts in Class Action Lawsuit
Courts have struggled to strike the proper balance between discoverable information and the invasions of privacy rights of plaintiffs with social media accounts. While the general rule of thumb is for defendants to make a threshold showing of relevancy before private information is ordered produced, a federal court in Colorado recently
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Will Leaked Michael Jackson Email Threads Affect the Plaintiff Class Action Lawsuit?
A class action lawsuit by singer Michael Jackson’s former assistants and employees has been filed against concert promoter AEG Live in Los Angeles for over $7 million relating to unpaid wages. The lawsuit alleges the plaintiffs suffered a financial loss and were not paid wages arising from AEG’s knowledge of the singer’s
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Revealed eDiscovery Email Chains Score Points in NCAA Class Action
In the class action lawsuit filed by former NCAA player Ed O’Bannon and joined by 15 other former football and basketball players, plaintiffs allege that their images and likenesses were illegally used by defendants NCAA and Electronic Art Sports for commercial products. As part of discovery, plaintiffs sought and obtained email threads