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Sanctions Awarded against Defendant for Deleted Text Messages and Failure to Produce Native Format Data
In First Financial Security, Inc. v. Freedom Equity Group, LLC, Case NO. 15-1893 (N.D. Cali., Oct. 7, 2016), Plaintiff sued Defendant for intentional interference with contractual relationships and violations of California’s Unfair Competition Law, alleging that Defendant induced 1,400 sales contractors to leave Plaintiff’s employ and join Defendant “en masse”.
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District Court Affirms No Native Format Production After Three Years of PDF Production
Wai Feng Trading Co., Ltd. et. al. v. Quick Fitting, Inc., Consolidated Case Nos. 13-056 and 13-033 (D. R.I., Sept. 30, 2016) arose when the parties sued each other over breaches of various agreements as well as theft of intellectual property, and the cases were consolidated. Discovery in the case
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Court Denies Defendants’ Motion to Compel Plaintiff to Re-Organize Document Production
In State Farm Mutual Automobile Insurance Company v. Universal Rehab Services, Inc., et. al., Case No. 15-10993 (E.D. Mich., Sept. 26, 2016), Plaintiff sued Defendants for allegedly engaging in a scheme to submit fraudulent no-fault insurance benefit claims. During discovery, Defendants propounded interrogatories and requests for production of documents upon
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Court Denies Production Motion for Data Source Since Expert Did Not Consider the Data in Preparing Opinion
In the class action litigation Pearlman et. al. v. Cablevision Systems Corp., Caes No. 10-4992 (E.D. N.Y., Sept. 19, 2016), the Plaintiffs were subscribers of Defendant’s cable services and sued Defendant for its failure to provide certain television programming during a two-week period in 2010. Defendant’s prior arrangement with Fox broadcasting network
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Court Orders Plaintiff to Re-Produce Emails in Correct Production Format
In AKH Company, Inc. v. Universal Underwriters Insurance Company, Case No. 13-2003 (D. Kansas, Aug. 11, 2016), Plaintiff filed a declaratory judgment action based upon a dispute over insurance coverage and the settlement of a trademark infringement action between Plaintiff and a third party. During discovery, Defendant submitted 4th Request
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N.Y. District Court Compels ESI Production re Workforce Reduction After Denying Other Requests to Expand Discovery
In Blodgett et. al. v. Siemens Industry, Inc., Case NO. 13-3194 (E.D. N.Y., Aug. 9, 2016), Plaintiffs sued Defendant because Defendant allegedly promised them continued employment and then terminated their jobs in April 2013. After discovery disputes, the court ordered Defendant to produce certain additional electronically stored information (ESI) from
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Court Orders Production of Work Product Emails in Product Liability Action
In State Farm Fire and Casualty Company as Subrogree and Assignee of Martha L. Dean v. Johnson Controls, Inc. et. al., Case No. 15-02559 (W.D. Tenn., July 15, 2016), Plaintiff, an insurance carrier, sued car battery manufacturer Defendants regarding a vehicle fire that damaged subrogee and assign Ms. Dean’s vehicle.
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Pennsylvania Appellate Court Orders Defendants to Produce Privilege Log
In Meyer-Chatfield Corp. v. Bank Financial Services Group et. al., 2016 Pa. Super. 147 (Pa. Super. Ct., July 14, 2016), the Pennsylvania Superior Court considered a set of consolidated appeals regarding various discovery orders. Plaintiff, the former employer of the individual Defendants, sued Defendants for unfair competition, poaching employees, and stealing proprietary
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Supreme Court of New York Compels Plaintiff to Produce Unredacted ESI Related to Loss Mitigation
In Ambac Assurance Corp. v. First Franklin Financial Corporation et. al., 2016 NY Slip Op 31297(U) (Supreme Court of N.Y., New York County, July 8, 2016), Plaintiff insured over 15,000 loans pooled into a trust after various Defendants made representations regarding the quality of the loans. Plaintiff filed a complaint
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Court Sanctions Defendants for Producing Excel Spreadsheets as Non-Searchable PDFs and Orders Native Production
In Apex Colors, Inc. v. Chemworld International Limited, Inc. et. al., Case No. 14-273 (N.D. Indiana, June 16, 2016), a trade secret/misappropriation case involving several claims and counterclaims between the parties, the Northern District of Indiana weighed in regarding native format Excel spreadsheets after the parties engaged in numerous discovery