Category: Email

  • Honda Ordered to Implement Litigation Hold and to Conduct Further Email Searching in Products Liability Action

    1 Jun 2016

    In Bruner v. American Honda Motor Co., Case No. 15-00499 (S.D. Ala., May 12, 2016), a products liability action, Defendant car manufacturer Honda was sued for damages arising out of an auto accident involving one of Honda’s products.  Defendant refused to comply with certain of Plaintiffs’ discovery requests, and Plaintiffs

  • Court Orders Defendant VOIP Provider to Seek Responsive Emails from Google

    30 May 2016

    The pro se Plaintiff in Lucas v. Jolin, et. al., Case No. 15-108 (S.D. Ohio, May 16, 2016) sued Defendants for alleged illegal telemarketing activity. One of the Defendants is a VOIP provider, allowing customers to use the internet as a telephone service. During discovery, Plaintiff issued a subpoena to

  • Spoliation Sanctions Denied, Insufficient Degree of Bad Faith in Deleting Email

    4 May 2016

    In OrchestrateHR, Inc. et. al. v. Trombetta, et. al., Case No. 13-2110 (N.D. Texas, April 18, 2016), Plaintiffs sued Defendants over violations of a former employee’s (Trombetta) non-compete and confidentiality agreements.  During discovery, Defendant Borden-Perlman Insurance was twice sanctioned for discovery violations.  Eventually, Plaintiffs filed sanctions motions against all the

  • New Jersey Superior Court Denies Public Records Request for Email Log Production

    29 Apr 2016

    An email log being sought under the state public records act was the subject of an appeal in Paff v. Galloway Township, Docket No. A-0125-14T4 (N.J. Super. Ct. App. Div. April 18, 2016). Plaintiff sought email logs from the defendant Township pursuant to the Open Public Records Act (OPRA), N.J.S.A.

  • Adverse Inference Instruction for Missing Emails but No Sanctions for Wiped Hard Drive

    25 Mar 2016

    The Plaintiff in Core Laboratories LP v. Spectrum Tracer Services, LLC et. al., Case No. 11-1157 (W.D. Okla. Mar. 7, 2016) filed a Motion for Spoliation Sanctions against Defendants contending that, despite its duty to preserve evidence, Defendants intentionally destroyed relevant evidence relating to certain missing emails, deleted computer files,

  • Court Orders Defendants to Produce Emails in Native File Format Following PDF Production

    17 Feb 2016

    In Luxul Technology, Inc. v. Nectarlux, LLC et. al., Case No. 14-03656 (N.D. Cal., Feb. 3, 2016), Defendants produced emails in response to Plaintiff’s discovery requests in PDF format without metadata, despite specific language in the document requests asking for emails in native format with metadata. Defendants also failed to

  • Attorney Fees Granted for Automatically Deleted Emails and ESI

    10 Feb 2016

    In Bown v. Reinke, et. al., Case No. 12-00262 (D. Idaho, January 8, 2016), Plaintiff was an inmate in a maximum security prison. He suffered a heart attack and alleged he was not properly treated, as he complained to guards of problems associated with heart attacks but the prison staff

  • Emails in Native File Format Uncover Alterations

    3 Feb 2016

    In Cat3, LLC et. al. v. Black Lineage, Inc. et. al., Case No. 14-5511 (S.D.N.Y., Jan. 12, 2016), Plaintiff sued Defendants for trademark infringement, unfair competition, false designation of origin, and cybersquatting under the Lanham Act. The case involves two websites – SLAMXHYPE.com, owned by Plaintiffs, and FLASHXHYPE.com, used by

  • Monetary Sanctions Imposed Following Emails Deleted From Family Computer

    27 Jan 2016

    In Prezio Health, Inc. v. Schenk, et. al., Case No. 13-1463 (D. Conn., Jan. 11, 2016), Plaintiff filed a Motion for Sanctions after Defendants failed to comply with a previous court order compelling Defendants to produce metadata for eight specific emails. After the court entered the order, Plaintiff notified the

  • NY Court Orders Adverse Inference Instruction for Email Spoliation

    25 Dec 2015

    In Ocwen Loan Servicing, LLC v. Ohio Public Employees Retirement System, Case No. 654586/2012 (Supreme Court of New York, New York County, December 7, 2015), Plaintiff sued Defendant over trust funds allegedly mistakenly turned over to Defendant and kept. Plaintiff filed a Motion for Sanctions, asserting that Defendant failed to