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Plaintiff Sanctioned for Deleting Emails to Defendant’s Competitors
Cohn et. al. v. Guaranteed Rate, Inc., Case No. 14-9369 (N.D. Ill., Dec. 8, 2016) involves a series of business torts. Plaintiff Cohn was hired by Defendant, which also purchased the assets of Cohn’s company, Plaintiff Manhattan Mortgage Company. Plaintiff executed an employment agreement prohibiting her from using or disclosing
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Delaware Bankruptcy Court Declines to Compel Turnover of Email ESI by Yahoo
In re Irish Bank Resolution Corporation Limited, Case No. 13-12159 (Bankr. D. Delaware, Nov. 7, 2016), an Irish company involved in a “large-scale litigation” in Ireland filed Chapter 15 bankruptcy in the U.S. Part of the U.S. bankruptcy concerned loans made to businesses owned or controlled by a man named Sean Quinn and
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Defendant Required to Produce Emails Relevant to Hours Worked in FLSA Case
In Boyington v. Percheron Field Services, LLC, Case No. 14-90 (W.D. P.A., Oct. 14, 2016), a lawsuit brought by an employee of Defendant on behalf of himself and others similarly situated for nonpayment of overtime wages, Plaintiff alleges that Defendant improperly classified Plaintiff and his coworkers as exempt employees under
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District Court Affirms No Native Format Production After Three Years of PDF Production
Wai Feng Trading Co., Ltd. et. al. v. Quick Fitting, Inc., Consolidated Case Nos. 13-056 and 13-033 (D. R.I., Sept. 30, 2016) arose when the parties sued each other over breaches of various agreements as well as theft of intellectual property, and the cases were consolidated. Discovery in the case
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Court Orders Plaintiff to Re-Produce Emails in Correct Production Format
In AKH Company, Inc. v. Universal Underwriters Insurance Company, Case No. 13-2003 (D. Kansas, Aug. 11, 2016), Plaintiff filed a declaratory judgment action based upon a dispute over insurance coverage and the settlement of a trademark infringement action between Plaintiff and a third party. During discovery, Defendant submitted 4th Request
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Court Orders Production of Work Product Emails in Product Liability Action
In State Farm Fire and Casualty Company as Subrogree and Assignee of Martha L. Dean v. Johnson Controls, Inc. et. al., Case No. 15-02559 (W.D. Tenn., July 15, 2016), Plaintiff, an insurance carrier, sued car battery manufacturer Defendants regarding a vehicle fire that damaged subrogee and assign Ms. Dean’s vehicle.
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Court Gives Defendant Opportunity to Locate Missing ESI Before Considering Spoliation Sanctions
In G.P.P., Inc. v. Guardian Protection Products, Inc., Case No. 15-00321 (E.D. Cal, Jul. 7, 2016), a contract and business tort action related to a 1988 contract, the parties encountered engaged in several discovery disputes, including a dispute over possibly missing electronically stored information (ESI) held by Defendant’s employee Darin Lease.
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No Sanctions for Deleted Email Account in Lowe’s Hostile Work Environment Lawsuit
In Moore v. Lowe’s Home Centers, LLC, Case No. 14-01459 (W.D. Wash., June 24, 2016), Plaintiff sued Defendant for hostile work environment based upon sexual harassment and pregnancy-related discrimination. During her employment, Plaintiff emailed the Human Resources department and other management about her concerns at least 11 different times. At
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Court Schools Defendant on Deduplication of Email
In Family Wireless #1, LLC et. al. v. Automotive Technologies, Inc., Case No. 15-01310 (D. Conn., May 19, 2016), Plaintiffs are franchisees of Defendant who sued Defendant for breach of contract, misrepresentation, unjust enrichment and unfair trade practices. The parties filed their FRCP 26(f) report that provided a protocol for
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Appellate Court Reversed Spoliation Finding for Plaintiff Email Deletion
In Flagship Theatres of Palm Desert, LLC v. Century Theatres, Inc. et. al., Consolidated Case Nos. B257148, B259552 and B261149 (Cal. App., May 24, 2016), Plaintiff sued Defendants for antitrust violations. Plaintiff is a movie theater operating in Palm Desert; its claims indicated that Defendants had conspired to keep the