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Plaintiff eDiscovery Requests Lead to Wal-Mart Named as Defendant in Class Action
Last year, a group of workers filed a class action lawsuit in Carrillo v. Schneider Logistics, Inc., No. CV 11-8557-CAS (DTBx), alleging wage and hour violations in three warehouses located in California. During the time these allegations were taking place, Schneider was working for retail giant Wal-Mart, whom the lawsuit
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Supreme Court Spars Over Loophole in Plaintiff Class Action Statute
Oral arguments before the U.S. Supreme Court were heard last week in Standard Fire Insurance Co. v. Knowles over the Class Action Fairness Act of 2005, which allows defendants to remove cases from state to federal court when the potential class has over 100 members and the damages sought are more
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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 Discussion of Defendant Evidence Spoliation Continues
Our last blog laid out the specific facts and timeline of Bozic v. City of Washington, Pennsylvania (2012 WL 6050610)(W.D.Pa. Dec. 5, 2012). In this case, plaintiff alleged the city as defendant engaged in electronic discovery spoliation when the City Solicitor destroyed a tape recording of a meeting that was
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When the Duty to Preserve Evidence Arise for Allegations of eDiscovery Spoliation?
In Bozic v. City of Washington, Pennsylvania (2012 WL 6050610)(W.D.Pa. Dec. 5, 2012) the plaintiff was a female firefighter and the defendant was the employer-city. Plaintiff had previously filed an EEOC charge against the city, and she was later hired. A few months later, the defendant claimed the plaintiff was
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Reviewing the Top 5 Plaintiff eDiscovery Cases of 2012
Our blog discusses the latest cases (good and bad) that affect plaintiff trial attorneys every week, and the following is our Top 5 Plaintiff eDiscovery cases of 2012: 5. Race Tires America, Inc. LLC v. Hoosier Racing Tire Corp. (Race Tires II), No. 11-2316, 2012 WL 887593 (3d Cir. Mar.
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Court Rules Handing Over iPhone Outside Scope of eDiscovery Requests
In AllianceBernstein L.P. v. Atha, (2012 NY Slip Op 07766)(Nov. 15, 2012), plaintiff was an investment firm alleging breach of contract and misappropriation of confidential information by the defendant, a former employee. As part of the suit, plaintiff secured a temporary restraining order (TRO) preventing defendant from retaining or using
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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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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