In SANDOZ v. UNITED THERAPEUTICS, Civil Action No. 19-10170 (D.N.J. April 6, 2021) before the Special Master was Defendant United Therapeutic’s motion to compel non-party Liquida to bear the cost of responding to Defendant’s subpoena. During the pendency of the lawsuit, Defendant learned that non-party Liquida would be acquiring Plaintiff. Upon learning of the merger,
eDiscovery Archives - ILS
- ILS Team
- April 15, 2021
Arbitrary Limits On The Number of Custodians And Use of ESI Costs In Different Case To Justify Burden And Splitting of Costs Rejected by Magistrate Judge
In COUNTESS CARY v. NORTHEAST ILLINOIS REGIONAL COMMUTER RAILROAD CORP, No. 19 C 3014 (N.D. Illinois February 22, 2021), before the Magistrate Judge was Plaintiff’s Motion to Compel Defendant’s production of ESI, which presented multiple issues. With respect to the issue of the number of custodians, Defendant proposed an arbitrary limit of five or seven
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- ILS Team
- April 7, 2021
Motion In Limine To Exclude Evidence of Plaintiffs’ Allegations of Spoliation Overruled
In KIEFFABER v. ETHICON, Civil Action No. 20-1177-KHV (D. Kansas March 25, 2021), Defendants filed a motion in limine to exclude evidence of Plaintiffs’ allegations of Defendants’ spoliation. Despite an admission by its corporate designee that Ethicon destroyed tens of thousands of relevant documents in violation of its own document preservation litigation holds, Defendants sought
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- ILS Team
- March 23, 2021
The Fact That Search Terms May Yield A Large Production Does Not Mean The Search Terms Are Too Broad
In Green v. Meeks, Case No. 20-cv-00463-SPM (S.D. Illinois. Jan. 15, 2021), Plaintiff moved for an entry of an ESI protocol allowing for use of search terms to applied to email accounts of 15 individuals employed by Defendant or the Illinois Department of Corrections. Defendants objected that the proposed search terms were too broad and
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- ILS Team
- March 17, 2021
Confidentiality Designation Not Appropriate Merely Because A Document Maybe Harmful, Uncomfortable, Or Embarrassing
In IN RE VALSARTAN, LOSARTAN, AND IRBESARTAN PRODUCTS LIABILITY LITIGATION, Civil No. 19-2875 (D.N.J. 2021), the issue before the Court was whether a Confidentiality designation pursuant to a Discovery Confidentiality or Protective Order was appropriate. In this case regarding claims that the generic version of the drug Valsartan for high blood pressure was contaminated with
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- ILS Team
- December 18, 2020
Defendant’s Request For An Order Foregoing Plaintiffs’ Post TAR Review and Cost Shifting Denied by Magistrate Judge
In IN RE VALSARTAN, LOSARTAN, AND IRBESARTAN PRODUCTS LIABILITY LITIGATION, Civil No. 19-2875 (D.N.J. 2020) before the Court was Defendant Teva’s request for an Order to forego additional review of documents that based on its own unilaterally developed and administered TAR, were predicted to be non-responsive. Teva alternatively sought to shift to Plaintiffs the cost
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- ILS Team
- November 24, 2020
Use Of Broad Search Term Compelled In Light Of Relevance To The Lawsuit And Absence Of Suggestions By The Parties On How To Further Tailor The Term
In Masimo v. Sotera Wireless, Case No. 19cv1100 (S.D. California Nov.16, 2020), before the Court was the parties’ Joint Motion for Determination of Discovery Dispute where Plaintiff sought to compel a production of emails from Defendant Sotera’s former CEO. The case arose from Plaintiff’s allegation that Defendant infringed on nine of its patents. Plaintiff also
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- ILS Team
- November 16, 2020
Good Cause Existed To Require Defendants To Search for Relevant Documents Outside Its ESI System Of Record
In Wiggins v. Bank of Am., N.A., Civil Action 2:19-cv-3223 (S.D. Ohio Nov. 4, 2020), the parties disputed, among others, the sufficiency of Defendants’ production from its Documentum ESI repository. The case arose from Plaintiff’s challenges to Defendants’ policy of assessing overdraft fees on its customers. As part of discovery, Defendants produced a limited number
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- ILS Team
- November 9, 2020
Cruise Line’s Alleged Failure To Preserve Video Was No Basis For Spoliation Sanctions
In Reed v Royal Caribbean Cruises, No. 1:2019cv24668 (S.D. Fla. Oct. 2, 2020), Plaintiff moved for spoliation sanctions on the grounds that Defendant failed to preserve videos of an alleged incident during a cruise. Plaintiff was a passenger on a cruise operated by Defendant. According to the complaint, during a Defendant organized dance party, an
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