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Plaintiffs’ Renewed Motion to Compel Granted in Part for Production of ESI
In Elhannon, LLC et. al. v. The F.A. Bartlett Tree Expert Company, Case No. 14-00262 (D. Vermont, Apr. 18, 2017), Plaintiffs hired Defendant to design and execute a pest management program to protect the trees in Plaintiffs’ nursery. When the trees suffered an outbreak of insects and diseases, Plaintiffs sued,
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Defendant Must Produce ESI Not In Its Physical Custody But Under Its Control, Computer Imaging Denied Because Need Not Proportional
In First American Bankcard, Inc. v. Smart Business Technology, Inc., et. al., Case No. 15-638 (E.D. La., May 24, 2017), Plaintiff sued Defendants for damages it allegedly incurred as a result of “deficient and defective” software designed, manufactured and hosted by Defendants. Plaintiff used the software to process cash advances
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Eighth Circuit Finds No Prejudice as to Exxon’s Late Document Production
In Webb et. al. v. Exxon Mobil Corp. et. al., Case No. 15-2879 (8th Cir., May 11, 2017), a class action suit brought by landowners who entered into easement contracts with Exxon for the construction of a pipeline to transport oil from Texas to Illinois, Plaintiffs sued Defendants for breach
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The Choice is Yours: ESI Production Under FRCP 34
Federal Rule of Civil Procedure 34(b)(2)(E) is all about choice: a party can choose to produce electronically stored information (ESI) in the usual course of business, or it can be organized and labeled to respond to the corresponding discovery requests. A seemingly-simple rule, FRCP 34 is often cited as the
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Court Rules SCA Applies and Orders Google to Produce Data Stored Outside of U.S.
In re: Search of Content that is Stored at Premises Controlled by Google, Case No. 16-80263 (N.D. Cali., Apr. 19, 2017) is an action by the federal government to obtain information from Google. The court issued a search warrant under the Stored Communications Act (SCA) directing Google to produce its
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Court Rules that Predictive Coding Be Applied Prior to Search Terms For ESI Production
FCA US, LLC v. Cummins, Inc., Case No. 16-12883 (E.D. Mich., Mar. 28, 2017) is a dispute over the allocation of the cost incurred for an auto part that became the subject of a recall. Defendant part manufacturer was sued by Plaintiff vehicle manufacturer. The engines manufactured by Defendant were
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Discovery Order Modified to Reduce Production to Random Sampling of Medical Records
In qui tam action Duffy v. Lawrence Memorial Hospital, Case No. 14-2256 (D. Kansas, Mar. 31, 2017), Plaintiff alleges that Defendant submitted false information to the government to maximize reimbursement for federal medical care programs. Defendant counterclaimed for breach of contract and fraud. During discovery, Plaintiff asserted that Defendant had
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Court Disagrees With Defendant’s Contention That It Had No Obligation To Produce ESI Without Previously Agreed Search Terms
In Bird v. Wells Fargo Bank, Case No. 16-1130 (E.D. Cali., Mar. 31, 2017), after Plaintiff was fired from her job in May 2014, she sued her former employer, Wells Fargo Bank, for gender and age discrimination, and breach of employment contract . Defendant responded that Plaintiff was fired because
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Sanctions Not Justified in Case of Missing Email Later Produced
In Crow et. al. v. Cosmo Specialty Fibers, Inc. et. al., Case No. 15-05665 (W.D. Wash., Mar. 24, 2017), Plaintiffs sued Defendants for personal injury when Plaintiff Steven Crow was injured by hazardous gas released on September 27, 2012. He was at work at a truck shop, Weyerhaeuser, adjacent to
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Defendants in Trademark Infringement Case Sanctioned For Failure to Produce Quickbooks Source Data
4SEMO.com, Inc. v. Southern Illinois Storm Shelters, Inc. et. al., Case No. 13-297 (S.D. Ill., Feb. 10, 2017) began as a trademark infringement suit brought by Defendant Southern Illinois Storm Shelters, Inc. (SISS) against Plaintiff. Plaintiff filed a counterclaim, and after disposition of Defendants’ claims, the counterclaim was all that