In Broussard v. Bd. of Supervisors of La. State Univ. & A & M Coll., No. 19-527-BAJ-RLB (M.D. La. Sep. 28, 2020), Plaintiff moved to compel and for sanctions under FRCP 37 on the grounds that Defendants failed to produce certain emails, among other discovery. The lawsuit arose from Plaintiff’s allegations that Defendants failed to
- ILS Team
- October 5, 2020
Spoliation Sanctions Motion Denied In Cruise Line Slip and Fall Case
In Hoover v. NCL, No. 19-22906 (S.D. Fla. Aug. 5, 2020), the District Court denied Plaintiff’s spoliation sanctions motion. Plaintiff was a passenger on a cruise ship operated by Defendant and slipped while walking down an outdoor stairway sustaining injuries. After the cruise, Plaintiff contacted Defendant’s claims division about her fall and injuries but did
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- ILS Team
- December 11, 2019
Objections To Production of Emails Overruled Due To Lack of Privilege
In Guardiola v. Adams City School District No. 14 et al., No. 1:18-cv-03230-RM-NRN (D. Colo. Oct. 25, 2019), the District Court Judge overruled Defendant’s objection to the Magistrate Judge’s order compelling them to disclose certain emails that Defendant argued were subject to the attorney-client privilege on the grounds that “the disputed emails do not directly
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- ILS Team
- December 4, 2019
Motion to Suppress ESI Denied Where An Expectation of Privacy Was Objectively Unreasonable
In United States v. Caputo, No. 3-18-cr-00428-IM (D. Or. Nov. 6, 2019), the Court denied Defendant’s motion to suppress ESI and various emails obtained via a warrant-less search of Defendant’s workplace email account on the grounds that under the military’s computer use policies in effect, “any expectation of privacy in Defendant’s work email was objectively
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- ilsteam
- August 15, 2019
Court Denies Plaintiff’s Request for His Entire PST File
In Russell v. Kiewit Corp., No. 18-2144-KHV (D. Kan. June 4, 2019), a Kansas Magistrate Judge denied Plaintiff’s request to receive his entire e-mail personal storage (PST) file on the grounds that such a request was overbroad and not proportional to the underlying action. This case stems from Plaintiff’s allegations that he was fired in
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- ilsteam
- July 17, 2019
Judge Rules There is No Duty on Non-Parties to Preserve Evidence
In Shamrock-Shamrock, Inc. v. Remark, No. 5D18-1987 (Fla. Dist. Ct. App. Apr. 26, 2019), the District Court of Appeals, Fifth District, ruled in favor of Appellee, holding that there is no duty on nonparties to a lawsuit to preserve evidence based on the foreseeability of litigation. This case stems from Appellant’s suit against the City
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- ilsteam
- May 16, 2019
No Spoliation For Lost Emails Under FRCP 37(e) Where Potential Prejudice is Purely Speculative
In CIGNEX Datamatics, Inc. v. Lam Research Corporation, No. 17-320-MN (D. Del. Mar. 11, 2019), the court denied Defendant’s motions for spoliation and for sanctions, finding insufficient evidence that Plaintiff suffered prejudice due to the deleted electronically stored information (“ESI”). This case stems from a breach of contract in which Plaintiff agreed in January 2015
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- ilsteam
- January 9, 2019
SDNY Dismisses Action After Finding Plaintiff Fabricated Emails
In Comlab, Corp. v. Kal Tire, et al., Case No. 17-cv-1907(KBF)(S.D. N.Y. September 11, 2018), the United States District Court for the Southern District of New York granted Defendant’s Motion for Terminating Sanctions on the grounds that Plaintiff willfully and in bad-faith fabricated and spoliated relevant evidence. In this breach of contract action, Plaintiff allege
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- ilsteam
- January 7, 2019
Lack of Intent to Deprive Means No Spoliation Sanctions Where Defendant Copied and Later Deleted Plaintiff’s Email
In Worldplay, US, Inc. v. Haydon and Eunyt LLC, No. 17-cv-4179 (N.D. Ill. Nov. 14, 2018), the United States District Court for the Northern District of Illinois denied Plaintiff’s Motions for Sanctions on the grounds that Plaintiff had not suffered prejudice under Rule 37(e)(1) due to allegedly destroyed electronically stored information and that Defendants had
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- ilsteam
- January 2, 2019
Court Chides Defendant for Allowing Deletion of Key Instant Messages
In Franklin v. Howard Brown Health Ctr., Case No. 17 C 8376 (N.D. Ill. October 4, 2018), a workplace harassment and discrimination case, the United States District Court for the Northern District of Illinois recommended that Plaintiff’s motion for discovery sanctions be granted to the extent that the “parties be allowed to present evidence and
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