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Defendant Ordered to Pay for Plaintiff’s Forensic Examination of Hard Drive
In TLS Management and Marketing Services, LLC v. Rodriguez-Toledo, et. al., Case No. 15-2121 (D. P.R., Mar. 27, 2017), Plaintiff sued Defendants for violations of the Electronic Communications Privacy Act and various Puerto Rico statutes. Defendant Rodriguez-Toledo is a former employee of Plaintiff who allegedly, with the other defendants, stole
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Defendant Sanctioned for Loss of ESI Transferred in the Sale of a Related Business
ILWU-PMA Welfare Plan Board of Trustees et. al. v. Connecticut General Life Insurance Company et. al., Case No. 15-02965 (N.D. Cali., Jan. 24, 2017) is an ERISA action brought by Plaintiffs against Defendants based upon an arrangement by which Defendants provided Plaintiffs with auditing and discount negotiation services for claims
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Northern District of Iowa Offers Scathing Insight into the Cost of Discovery Violations
Liguria Foods, Inc. v. Griffith Laboratories, Inc., Case No. 14-3041 (N.D. Iowa, Mar. 13, 2017) involves claims of breach of implied warranties of fitness for a particular purpose and merchantability. Defendant manufactured spice and seasoning blends, which Plaintiff purchased for use in its pepperoni sausages. The sausages became rancid, and
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Boeing Sanctioned for ESI Spoliation in Aircraft Industries Case
In Alabama Aircraft Industries, Inc. et. al. v. The Boeing Company et. al., Case No. 11-03577 (N.D. Ala., Mar. 9, 2017), Plaintiffs sued Defendants for use of proprietary information to outbid Plaintiffs on a contracting project. Plaintiffs have performed programmed depot maintenance for the U.S. Air Force’s KC-135 Stratotanker fleet
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Court Declines to Require Defendant to Reorganize ESI Production When No Prejudice Shown
In Excel Enterprises, LLC v. Winony PVD Coatings, LLC, Case No. 16-19 (N.D. Ind., Feb. 17, 2017), a breach of contract case, a discovery dispute arose surrounding Defendant’s production to Plaintiff. A Motion to Compel was filed, and after Defendant produced 30,000 documents, Plaintiff informed Defendant that the documents were
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Defendant Ordered to Produce Call Logs from its Own Source Code in TCPA Case
In Mora v. Zeta Interactive Corp., et. al., Case No. 16-00198 (E.D. Cali., Feb. 10, 2017), Plaintiff brought a class action lawsuit against Defendants for violations of the Telephone Consumer Protection Act (TCPA). Plaintiff alleged that Defendants made unsolicited telephone calls to him and others similarly situated, who never had
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Text Messages in Electronic Discovery: Produce or Face Spoliation for Deletion
Text messages in electronic discovery are more important than ever in almost all civil litigations. Even more so than email, texts tend to be casual and candid in content, and may not be as carefully considered prior to transmission. This quality makes text messages a particularly prime source of potential
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Defendant’s ESI Default Spoliation Sanction Reduced
Dallas Buyers Club, LLC v. Huszar, Case No. 15-907 (D. Oregon, Feb. 6, 2017) is a copyright infringement case in which Plaintiff accused Defendant of illegally downloading the movie Dallas Buyers Club using BitTorrent. Defendant used a certain computer for these activities, and Defendant alleged that about six months after
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Plaintiff Not Required to Produce Metadata when Defendant Failed to Request It
In Mr. Mudbug, Inc. v. Bloomin’ Brands, Inc., Case No. 15-5265 (E.D. La., Jan. 11, 2017), Plaintiff allegedly expanded its facilities to meet the requirements of Defendant’s contract, but then Defendant allegedly diverted business from Plaintiff and ultimately withdrew the entire contract. Defendant countersued for breach of contract. During litigation,
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UPS Successfully Argues High Burden to Reduce Discovery Demand in Billing Class Action
In Solo et. al. v. United Parcel Service Co., Case No. 14-12719 (E.D. Mich., Jan. 10, 2017), Plaintiffs allege that Defendant UPS breached its shipping contracts by overcharging for shipments with a declared value of over $300.00, incrementally increasing the charges based upon the value of the items being shipped.