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Court Grants Spoliation Sanctions for Deleted Social Media Accounts
In Nunes v. Rushton (Case No. 2:14-cv-00627-JNP-DBP.)(United States District Court, D. Utah), the Court granted the plaintiff’s spoliation sanctions. Rachel Nunes (plaintiff) brought a copyright infringement claim against Tiffanie Rushton (defendant). The defendant copied protected portions of the plaintiff’s book, A Bid for Love, and released copies of the work
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Court Defines Scope of Discovery in a Fraud Case by Allowing and Denying Discovery Motions Based on Proportionality and Relevance
In TMJ Group, LLC v. IMCMW Holdings, Plaintiff TMJ Group, LLC claims that Defendant IMCMV Holdings fraudulently induced it to make investments in two Margaritaville restaurants. Plaintiff argues that it obtained financing for these investments from First NBC Bank (FNBC). According to Plaintiff, IMCMV Holdings altered financial statements so that FNBC
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Court Upholds $2.7 Million Sanction on Case Valued $25,000 Because of Defendant’s ‘Persistent Discovery Misconduct’
In Klipsch Grp., Inc. v. ePRO E-Commerce Ltd., Nos. 16-3637-cv, 16-3726-cv (2d Cir. Jan. 25, 2018), the Second Circuit found no error in the lower court’s imposition of a multi-million sanction for discovery misconduct. While defending against claims it sold counterfeit products, ePRO E-Commerce Limited (“Defendant”) engaged in persistent discovery
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Summary Judgment Denied After Court Finds Defendant Altered Skype Communication Records
In GoPro, Inc. v. 360Heros, Inc, No. 16-cv-01944-SI, (N.D.Cal. 2018), the Court denied Defendant’s motion for summary judgment and granted Plaintiff’s motion for sanctions. During discovery related to the parties’ dispute regarding federal and state trademark infringement and unfair competition, Defendant 360Heros, Inc., (“Defendant”) produced transcripts of two Skype conversations.
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Congress Passes Law Clarifying Scope of U.S. Warrants for Email Data Stored Overseas; New Law Moots Microsoft Case Before SCOTUS
In U.S. v. Microsoft Corporation, No. 17-2 (U.S. April 2018), the Supreme Court of the United States granted certiorari to decide whether a United States-based provider of e-mail services must disclose electronic communications within its control to the government when the provider stores the communications abroad. In December 2013, federal
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Court Imposes Tight Deadline for Defendant Safeway To Produce Responsive Unprivileged Documents
In U.S. Ex Rel. Proctor v. Safeway, Inc., No. 11-cv-3406 (C.D. Ill. March 3, 2018), Relator Thomas Proctor (“Proctor”) served his First Set of Requests for Production of Documents on Defendant Safeway, Inc. (“Safeway”) seeking various electronic data, including Safeway’s PDX pharmacy transaction data (“PDX Data”) and emails and other
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Court Grants Performance Pulsation Control’s Motion to Compel in Part, Ordering Defendants to Produce Certain Requested ESI
In Performance Pulsation Control, Inc. v. Sigma Drilling Technologies, LLC, No. 4:17-CV-00450, (E.D. Tex. Jan. 23, 2018), Performance Pulsation Control, Inc., (“PPC”) alleges that Justin Manley (“J. Manley”), a former employee, formed a competing company, Sigma Drilling Technologies, LLC (“Sigma”), to market and sell pulsation control products that he developed
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The United States Supreme Court Hears Oral Arguments in Microsoft Stored Communications Act Case
The Supreme Court heard oral arguments in United States v. Microsoft Corporation, No. 14-2985 (2nd Cir. July 14, 2016), a case that could have wide-ranging effects on email privacy. The justices are expected to issue a June 2018 ruling on whether the Stored Communications Act (“SCA”) allows the U.S. government
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Court Retains Jurisdiction to Issue Sanctions Against Defendant City Fire Department for Spoliation of Evidence in Sexual Harassment Case
In Dena Lewis-Bystrzycki v. City of Country Club Hills, No. 2012 L 009916, (Cir. Ct. Cook County, 2017), the Court ordered sanctions against the Defendants (collective) City of Country Club Hills Fire Department after it became apparent that Defendants had wiped data from a network storage drive for computer backups
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Court Partially Grants Plaintiff’s Motion for Sanctions for Spoliation in a Breach of Contract Dispute
In Hefter Impact Techs., LLC v. Sport Maska, Inc., No. 15-13290-FDS (D. Mass. Aug. 3, 2017), the Plaintiff Hefter Impact Technologies, LLC (“HIT”) sold its ice-hockey helmet design to the Defendant, Sport Maska, Inc., d/b/a Reebok — CCM Hockey (“CCM”). CCM agreed to pay HIT royalties on its helmets based