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Denial of Motion to Compel In Native Where ESI Maintained In Both Electronic And Hard Copy Formats
Ortega v. Management and Training Corp., Case No. 16-0665 (D. N.M., Jan. 6, 2017) is a race discrimination, retaliation and FLSA action originally filed in New Mexico state court but removed to federal court. Plaintiff was a former detention officer employed by Defendant to work at the Otero County Processing
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NYPD Motion for Sanctions Denied When No Prejudice Shown by Lost Cell Phone Footage
In Simon et. al. v. City of New York et. al., Case No. 14-8391 (S.D.N.Y., Jan. 5, 2017), Plaintiffs sued the City of New York as well as several NYPD police officers for false arrest and violations of the First, Fourth, Sixth, and Fourteenth Amendments to the Constitution. After discovery,
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Spoliation Not Addressed In Meaningful Way So Tenth Circuit Court Affirms Summary Judgment
In Helget v. City of Hays, et. al., Case No. 15-3093 (10th Cir., Jan. 4, 2017), Plaintiff, a former employee with the City of Hays’ police department, alleged that because she provided an affidavit in support of another employee’s wrongful termination lawsuit against the City, she herself was terminated in
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FTC Seeks Sanctions Against DIRECTV for Spoliation of ESI
In Federal Trade Commission v. DIRECTV Inc., et. al., Case No. 15-01129 (N.D. Cal., Dec. 21, 2016), the FTC filed suit against satellite television provider DIRECTV for deceptive advertising related to Defendants’ failure to disclose certain terms when offering low prices for a certain time frame on its service. During
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Was Predictive Coding in Dynamo Holdings Performed in Accordance with the FRCP?
Parties Disagreed on the Outcome of a Three-Year Electronic Discovery Dispute Starting in 2013, the Commissioner of Internal Revenue has been embroiled in an electronic discovery dispute that may have finally been resolved in Dynamo Holdings Limited Partnership v. Commissioner of Interval Revenue, 143 T.C. 183 (2014). Petitioner in the
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Amended FRCP 37(e) Imposes Higher Culpability for ESI Spoliation Sanctions in 2016 Case Law
In December 2015, the Amended Federal Rules of Civil Procedure went into effect. One of the updated amendments included FRCP 37(e), Failure to Preserve Electronically Stored Information. The amendment raised the requisite intent to have the court order spoliation sanctions, including an adverse inference instruction and terminating sanctions. Attorney fees
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Court Denies Motion to Compel Inspection of Sexual Harassment Plaintiff’s Phone and Computer
In Hespe v. City of Chicago et. al., Case No. 13-7998 (N.D. Ill., Dec. 15, 2016), Plaintiff, a Chicago police officer, sued the city and two other individual police officers for sex discrimination and hostile work environment, alleging that her supervisor, Defendant Breimon, sexually harassed her; that the City failed
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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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District of Columbia, Other Defendants Sanctioned for Failure to Disclose Data in Civil Rights Case
Smith v. District of Columbia, et. al., Case No. 15-161 (District of Columbia, Dec. 6, 2016) is a civil rights case brought by Plaintiff against the District and its Department of Corrections, as well as two corrections officers, for detaining Plaintiff unlawfully for 23 days after he was ordered to
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Defendant Seeks FRCP 37(e) Sanctions for Lost Call Center Recordings
In Security Alarm Financing Etnerprises, L.P. v. Alarm Protection Technology, LLC et. al., Case No. 13-00102 (D. Alaska, Dec. 6, 2016), Plaintiff, a home security company, sued Defendants, also home security companies, alleging that Defendants had illegally poached customers and also alleging defamation. Defendants filed a counterclaim alleging tortious interference