Category: ESI

  • Taxable Costs Reviewed by District Court in Class Action Case

    16 Oct 2013

    In an order from a class action lawsuit entitled Nero v. American Family Mutual Insurance Company, Civil Action No. 11-cv-02717-PAB-MJW (D.Col. September 23, 2013), taxable costs under Section 1920 were at issue. After the lawsuit was filed on January 3, 2012, the defendant filed a Motion to Dismiss on January

  • U.S. District Judge Shira A. Scheindlin Provides Lessons on Electronic Evidence Spoliation

    19 Sep 2013

    Prejudice is Presumed When ESI Destruction is Willful Who better to review a case regarding allegations of electronic evidence spoliation than U.S. District Court Judge Shira A. Scheindlin, author of the groundbreaking Zubulake decisions? In Sekisui American Corporation v. Hart, 12 Civ. 3479 (S.D.N.Y. August 15, 2013), the honorable district

  • Federal Rule 34 Regarding ESI: What is the Correct Means of Document Production?

    22 Jul 2013

    In an interim order by a magistrate judge dated June 28, 2013 in Kwasneiwski et al. v. Sanofi-Aventis US LLC, et al., 2:12-cv-00515-GMN-NJK (D. Nev. 2013), the defendants responded to plaintiff discovery requests by producing a large amount of documents and data that was not organized to match the requests.

  • Emails Produced Lead to Additional Defendant and Claim

    24 May 2013

    Our ongoing analysis of electronic discovery in modern civil litigation has established a major truism: email threads in electronic data discovery are often the source of critical evidence and can sometimes uncover hidden truths. This was demonstrated in the recent opinion and order dated March 28, 2013 in Campbell v. Sedgwick, Civil

  • Defendant Denied eDiscovery Cost Shifting in Private Contract Case

    29 Mar 2013

    In Juster Acquisition Co, LLC v. North Hudson Sewage Authority, No. 12-3427 JLL (N.D.N.J. 2013), plaintiff electronic discovery requests were served on the defendant, which included 49 requests for documents and 100 search terms. After the defendant claimed to have produced approximately 8000 pages worth of electronic data, plaintiff served

  • Metadata: Ask and You Shall Receive

    25 Jun 2012

    Computer files and emails produced alone have only two-dimensions: you can only see what is on the screen or printed on paper. But how and when were those documents created? How do you know the file or email has not been altered? What formulas or procedures were used to create