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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 Rules in Favor of Whistleblower Plaintiff on Spoliation Sanctions Motion
In Erhart v. BofI Holding, Inc., Case No. 15-02287 (S.D. Cal., Sept. 21, 2016), whistleblower Plaintiff alleged his former employer violations of the Sarbanes-Oxley Act, the Dodd-Frank Wall Street Reform and Consumer Protection Act, and the laws of the State of California. Defendant filed a countersuit against Plaintiff for violation of the
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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 Accepts Privilege Log Created by Combination of Technology-Assisted Review and Manual Review
In Portland Pipe Line Corp. et. al. v. City of South Portland et. al., Case No. 15-00054 (D. Maine, Sept. 8, 2016), Plaintiff brought suit against the Defendant municipality seeking declaratory and injunctive relief regarding an ordinance prohibiting the loading of crude oil in Portland Harbor, Maine. Plaintiff alleged that the
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Plaintiff Awarded Adverse Inference Instruction for Spoliation of ESI in New York Commercial Litigation Case
In Oorah, Inc. d/b/a Cucumber Communications v. Covista Communications, Inc.et. al., Case No. 652316/2011 (Supreme Court of New York, New York County, Aug. 23, 2016), the parties asserted claims against each other for breach of contract for failure to make payments due under their agreements. Plaintiff also asserted breach of
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Court Denies Defendant’s Motion to Compel Turnover of Examination of iPad
In Rocket Real Estate, LLC et. al. v. Maestres, Case No. 15-62488 (S.D. Fla., Aug. 24, 2016), Plaintiffs began doing business with Defendant to purchase and re-sell distressed properties. Plaintiffs bought a property and renovated it, and Defendant moved into the property. Defendant refused to sell the property or to pay
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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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Eastern District of Pennsylvania Denies Discovery Sanctions Motion Against QVC
In Saller v. QVC, Inc., Case No. 15-2279 (E.D. Pa., July 29, 2016), Plaintiff sued her former employee, alleging that Defendant discriminated against her by unlawfully terminating her following a medical-related leave of absence and after she requested reasonable accommodation due to medical issues. In August 2014, five months after Plaintiff’s termination, her counsel
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ESI Cost Shifting Request Denied By Court in Employment Case
Wagoner v. Lewis Gale Medical Center, LLC, et. al., Case No. 15-570 (W.D. Va., July 13, 2016) is an employment lawsuit filed under the Americans with Disabilities Act (ADA). Plaintiff, a former employee of Defendants, alleges that because of his dyslexia, he had difficulty reading and copying his work schedule.
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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