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Revealed eDiscovery Email Chains Score Points in NCAA Class Action
In the class action lawsuit filed by former NCAA player Ed O’Bannon and joined by 15 other former football and basketball players, plaintiffs allege that their images and likenesses were illegally used by defendants NCAA and Electronic Art Sports for commercial products. As part of discovery, plaintiffs sought and obtained email threads
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Chevron Seeks Sweeping eDiscovery Requests After Losing International Litigation
Chevron, a subsidiary of oil giant Texaco, is fighting back after a $19 billion dollar judgment was entered against it by an Ecuadorian court in an international litigation case. Plaintiffs in the environmental suit were indigenous Ecuadorian communities that alleged Chevron engaged in illegal rainforest destruction in their country. Chevron
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Should Courts Consider the Merits of the Suit Before Class Action Certification?
The Supreme Court has been reviewing and defining class action lawsuit certification jurisprudence lately. In the last session, in Wal-Mart v. Dukes, the Supreme Court held the would-be class of female workers alleging discriminatory practices did not satisfy the “commonality” of law and fact requirement of Federal Rule 23(a). This
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Supreme Court to Review Comcast Class Action Lawsuit from Third Circuit
On November 5, 2012, the U.S. Supreme Court heard oral arguments in the class action case Behrend v. Comcast, No. 10-2865 (3rd Cir. 2011), regarding the standards the lower courts apply to class certification. Plaintiffs are Comcast customers who alleged the defendant engaged in anticompetitive conduction in violation of Section
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No Duty to Preserve Evidence in Illinois?
“The general rule in Illinois is that there is no duty to preserve evidence.”Terry Martin, et al., v Keeley & Sons, 2012 IL 113270. That is a direct quotation from a recent state spoliation case from the Illinois Supreme Court. In Keeley, construction workers had been injured when the beam
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Section 1782’s Ever-Expanding Discovery for Foreign Litigation and ADR
Title 28 U.S.C. Section 1782 is a federal law allowing a person or entity who is involved in foreign litigation to apply to the American court system for discovery against U.S. citizens or corporations to be used in the foreign litigation. The discovery could include electronic data, documents or testamentary
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Another Class Action Lawsuit Filed Over iPhone Unlock Codes
Apple is facing a new class action lawsuit, filed by named plaintiffs Zach Ward and Thomas Buchar, who alleged that Apple’s policies and “secret” contract with AT&T are in violation of U.S. anti-trust laws which prohibit anti-competitive behaviors. Plaintiffs allege that consumers who purchased an iPhone between October 19, 2008
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Defendants In Hepatitis C Case Seek to Delay Discovery
Twenty-five civil cases have been filed in New Hampshire against Exeter Hospital, alleging a hospital employee knowingly infected patients with the Hepatitis C virus after using needles on himself and reusing the same needles on patients. An attorney for the defendant hospital filed a motion for stay of discovery. According
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“Commonality” in NCAA Class Action Certification After Wal-Mart v. Dukes
The U.S. Supreme Court delivered a blow to class action certification last year in the case Wal-mart v. Dukes, 131 S. Ct. 2541 (2011). The case set a precedent that may affect the ongoing NCAA lawsuit brought by players seeking compensation for use of their names, images and likenesses. In
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NCAA Seeks to Deny Class Action Certification…Based on eDiscovery?
http://www.youtube.com/watch?v=Y77cUTWKvEU Sixteen college athletes sued the NCAA and two other defendants in 2009 in the U.S. district court for the District of Northern California, alleging the defendants violated anti-trust laws by conspiring to fix players’ compensation at zero while at the same time using and profiting from the players’ names, images