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More Corporations Preclude Class Actions Lawsuits After Supremes Give the OK
Class action lawsuits can afford plaintiffs the opportunity to level the playing field against large corporations who engage in actions that harm employees and consumers. When the damages due to a single plaintiff are too low to support the litigation costs of an individual lawsuit, a class of people similarly situated banning
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Plaintiffs in Class Action Lawsuit Allege Nissan “Leaf” Much to be Desired
Japanese car manufacturer Nissan is defending allegations of unfair consumer and business practices, breach of implied warranty and negligent misrepresentations by plaintiffs in Klee v. Nissan, Case No. CV-1208238DDP (PJWx), filed September 24, 2012 in the federal district court for the Central District of California. Brought on behalf of a
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Chipotle Shareholders Seek to Grill Directors in Class Action Lawsuits
A number of class action lawsuits have recently been filed by shareholders of Chipotle Mexican Grill (CMG), alleging, among others, breaches of fiduciary duties. The allegations against the directors and management include issuing false and misleading information as well as insider trading of stock that took place between February and April
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Will the Supreme Court Clarify Electronic Discovery Taxation of Costs Under Section 1920?
Title 28 U.S.C. § 1920 should be well known to litigators practicing in federal court, as it authorizes taxation of costs for printed or electronically recorded transcripts, fees and disbursements for printing and witnesses, and fees for the costs of copies. As noted in our blog about the eDiscovery case Race
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Supreme Court to Review Damage Stipulations and the Class Action Fairness Act
The Supreme Court may make a decision that will greatly affect class action lawsuits and plaintiffs across the nation when it hears the case Standard Fire Insurance v. Knowles, No. 11-1450. In Knowles, plaintiffs filed a state court class action for breach of contract against the defendant insurance company. The
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Does the Asymmetrical Nature of ESI Discovery Necessitate Cost Shifting?
Our last blog discussed the eDiscovery interlocutory order in Boeynaems v. LA Fitness, No. 10-2326 (E.D.P.A. August 16, 2012), which mentioned that one of the reasons cost-shifting was appropriate was the asymmetrical nature of ESI productions. While it is true that generally, defense productions are more voluminous than plaintiff ESI
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Is eDiscovery Cost Shifting Appropriate Prior to Class Action Certification?
Recently in Boeynaems v. LA Fitness, No. 10-2326 (E.D.P.A. August 16, 2012), the federal district court in the Eastern District of Pennsylvania addressed an issue apparently one of first impression – whether cost-shifting to plaintiffs related to pre-class certification discovery, including ESI discovery, was appropriate. Plaintiffs alleged the defendant national fitness chain was engaged
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Electronic Discovery Shines a Bright Light on Defendant Misconduct
Our blog frequently writes about preservation of evidence and how corporate defendants are getting into hot water when their litigation hold policies fall short. As more corporations move to full electronic data over paper documentation, it will become harder to hide, destroy or fail to produce relevant evidence. This is
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Second Circuit Takes Two Steps Back to Enforce Duty to Preserve Evidence
The standardization of eDiscovery protocols and better computer forensics is giving a boost in modern litigation to plaintiffs seeking to uncover the truth. Electronic data is difficult to hide or destroy, as it almost always leaves trace artifacts and trails. This was evident in the Zubulake series of cases where
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The Scope of Social Media in Plaintiff ESI Production
Litigants and courts struggle to define the scope of electronic data discovery, as well as the logistics of how to physically produce the electronically stored information. The newest scope and logistical challenges for ESI now lies in social media content. In EEOC v. Simply Storage Management, LLC Case No. 1:09-cv-1223-WTL-DML