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Defendants in Putative Class Action Suit Required to Provide Email Information
In Munguia-Brown, et. al. v. Equity Residential, et. al., Case No. 16-01225 (N.D. Cali., June 20, 2017), Plaintiffs asserted that landlord Defendants charged Plaintiffs improper late fees in violation of California law. Plaintiffs sought discovery of the names of employees involved in the decision to adopt the late fee policy
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Court Orders Defendant to Create Search Program to Query Database For Discovery Response in Robocall Class Action
In Meredith et. al. v. United Collection Bureau, Inc., Case No. 16-01102 (N.D. Ohio, Apr. 13, 2017) Plaintiff filed a class action lawsuit alleging that Defendant violated the Telephone Consumer Protection Act (TCPA), which makes it unlawful to generate a telephone call using an automated dialing system or an artificial
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Defendant Ordered to Produce Call Logs from its Own Source Code in TCPA Case
In Mora v. Zeta Interactive Corp., et. al., Case No. 16-00198 (E.D. Cali., Feb. 10, 2017), Plaintiff brought a class action lawsuit against Defendants for violations of the Telephone Consumer Protection Act (TCPA). Plaintiff alleged that Defendants made unsolicited telephone calls to him and others similarly situated, who never had
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Plaintiff Motion to Compel Denied for Overbreadth when Manual Review of 278,000 Records Required
In Meredith v. United Collection Bureau, Inc., Plaintiff alleges that Defendant, a debt collection service, violated the Telephone Consumer Protection Act (TCPA) by making multiple phone calls to Plaintiff’s cell phone to collect on a debt, leaving multiple voicemail messages. The messages were pre-recorded; Plaintiff claimed that Defendant used equipment that
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Missouri District Judge Upholds Ruling Requiring List of Data Fields in Class Action Suit
LaBrier v. State Farm Fire and Casualty Company, Case No. 15-04093 (W.D. Mo., May 9, 2016), a class action lawsuit, was removed to federal court after submitting a certification from an employee stating that he used data from Defendant and from Xactware Solutions to calculate the size of the class
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Third Circuit Considers Application of 28 USC Section 1920 to ESI Costs
In Camesi et. al. v. University of Pittsburgh Medical Center et. al., Case No. 15-1865 (3rd Cir., Mar. 21, 2016), class action Plaintiffs sued Defendants for violations of the FLSA. After the class was conditionally certified, a long discovery period commenced, marked by a heated dispute regarding Plaintiffs’ request for
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SCOTUS Issues Landmark Decision Regarding Class Action Lawsuits
In a case decided for the October term, the United States Supreme Court has ruled that companies facing class action lawsuits cannot offer to settle with the initial litigant before formation of a class. In Campbell-Ewald Co. v. Gomez, 577 U.S. (2016), Gomez sued Campbell for sending an unsolicited text
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Class Action Defendant’s Inaccurate Spreadsheet Leads to eDiscovery Dispute
James v. National Finance LLC, C.A. No. 8931-VCL (Del. Ch. Dec. 5, 2014) is a class action lawsuit alleging unlawful lending practices. In response to Plaintiffs’ initial discovery requests, Defendant produced an Excel spreadsheet which purported to disclose the class members’ annual percentage rates (APRs). Plaintiffs noted discrepancies between the
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Can Plaintiff Receive Expedited Discovery to Investigate Spoliation?
In the class action case Mirkarimi v. Nevada Property 1 LLC, Case No. 12cv-2160-BTM (DHB) (S.D.Cal. November 18, 2014), the court granted a number of extensions for class certification discovery between March and September of 2014. Defendant repeatedly indicated to Plaintiff and the court that it was diligently retrieving audio recordings
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Class Action Attorney Requests $24 Million in Fees but Deleted Electronic Data…What is a Court to Do?
In an order handed down August 7, 2013, a California Court of Appeals considered a class action attorney fee request of $24 million. The case is Ellis v. Toshiba, Nos. B220286, B227078 (Cal. Ct. App. 2013), and it has a very long history. The basic issue on appeal is whether