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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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District Court Ups the Monetary Sanctions for Defense Production Spoliation in Multifeeder
In reviewing the recommendations of the magistrate judge in Multifeeder Technology, Inc. v. British Confectionery Company Limited (2012 WL 4135848 (D. Minn.)), the district court noted that sanctions for spoliation require a finding of an intentional destruction of evidence indicating a desire to suppress the truth. Id. at 4, citing
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Reviewing the Magistrate Judge’s Order in Electronic Discovery Spoliation Case
In the recent case of Multifeeder Technology, Inc. v. British Confectionery Company Limited (2012 WL 4135848 (D. Minn.)) that we blogged about in our last post, the magistrate judge ordered a computer forensics expert to determine if defendant had engaged in spoliation. The forensic expert demonstrated that defendant in fact had purged files before
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Another Day, Another Example of Spoliation in ESI Defense Productions
As this blog has noted before, instances of electronic data spoliation are becoming ever increasing events in high-stakes class action lawsuits, multi-district litigation and business litigation. While the motives may vary, in many situations, the missing evidence to be construed against them may be more damaging than the existing evidence itself. The
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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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What is the Proper Sanction After Massive Document and Data Destruction?
Our last blog discussed the recently handed-down district court case Hynix Semiconductor Inc. v. Ranbus, Inc. Case No. C-00-20905 (NDCA Sept. 21, 2012), remanded by the appeals court pursuant to Hynix Semiconductor Inc. v. Rambus, 645 F. 3d 1336 (Fed. Cir. 2011)(“Hynix II”). Upon reconsideration, the district court found that
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Remanded Rambus eDiscovery Case Finds Bad Faith Spoliation
A ruling in the remanded case of Hynix Semiconductor Inc. v. Ranbus, Inc. Case No. C-00-20905 (NDCA Sept. 21, 2012) came down last week after it was sent back to the district court by the Federal Circuit, which found the lower court “applied too narrow a standard of foreseeability” regarding
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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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Court Takes Step Back from Overbroad Social Media eDiscovery Requests in Favor of Plaintiff
In Mailhoit v. Home Depot U.S.A., 2012 WL 3939063 (C.D. Cal.), plaintiff filed an employment discrimination against the home improvement store, alleging to have suffered from post-traumatic stress disorder, depression and isolation due to the defendant’s wrongdoing. Defendant Home Depot argued that plaintiff’s postings on social networking sites (“SNS”) were likely