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Plaintiffs Ordered to Produce Documentation Relating to Trucking Accident Under FRCP 26
Nkansah et. al. v. Martinez et. al., Case No. 15-646 (M.D. La., Nov. 7, 2016) is a lawsuit stemming from a trucking accident in which Plaintiffs alleged personal injury and mental anguish of Plaintiff Nkansah, one of the truck drivers, as well as damage to the truck and loss of
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Wrongful Death Plaintiff Awarded Attorneys’ Fees for Defendant Failure to Preserve ESI and Other Evidence
In wrongful death case McQueen et. al. v. Aramark Corp. et. al., Case No. 15-492 (D. Utah, Nov. 29, 2016), Plaintiff’s decedent, Alec McQueen, was killed in an incident at the Bullfrog Marina. On August 15, 2014, before filing the lawsuit, Plaintiff sent a litigation hold letter to Defendant demanding
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District Judge Vacates Magistrate’s Order Sanctioning Bad Faith Alteration of Documents
In Huang v. Lin et. al., Case No. 14-7204 (E.D. N.Y., Nov. 23, 2016), Plaintiff, a former employee of Defendants, sued Defendants for wage and hour claims under the Fair Labor Standards Act. During discovery, Defendants produced documents purporting to be Plaintiff’s weekly pay stubs. Plaintiff, concerned that the documents
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Has the Amended FRCP 26(b) Made Substantive Changes to Case Law?
The Scope of Electronic Discovery in 2016 The amended Federal Rules of Civil Procedure went into practice in January 2016. The changes have been shaping and modifying the application of FRCP 26(b), and the amended rule highlights the limitations that proportionality standards impose on the permissible scope of discovery. Let’s
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U.S. Postal Service Sanctioned for Discovery Violations Against Former Employee
In Adcox v. U.S. Postal Service, Case No. 15-9258 (D. Kansas, Nov. 22, 2016), Plaintiff, a rural mail carrier, sued Defendant for gender discrimination, harassment, retaliation and hostile work environment alleged between 2010 and 2012. She filed her case on September 11, 2015. During discovery, Plaintiff had difficulty obtaining discovery
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Summary Judgment Found in Favor of Department of Justice Against Plaintiff Alleging Discrimination
In Jeffries v. Lynch, Case No. 15-01007 (District of Columbia, Nov. 15, 2016), Plaintiff, a black male employed by the Department of Justice, sued Defendant, the U.S. Attorney General, in her official capacity, alleging race discrimination, sex discrimination, and retaliation pursuant to Title VII of the Civil Rights Act. Plaintiff’s
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No Spoliation in Puerto Rico Age Discrimination Case Where No Intent to Deprive Plaintiff of Emails
In Luz Gonzalez-Bermudez v. Abbott Laboratories PR Inc., et. al., Case No. 14-1620 (D. P.R., Oct. 9, 2016), Plaintiff sued her former employer, Abbott, and her supervisor, Perez, for age discrimination and retaliation under the ADEA as well as the laws of Puerto Rico. On October 15, 2013 and December
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What are the Top eDiscovery Case Law Trends of 2016?
Each week, our plaintiff electronic discovery firm publishes summaries of the top eDiscovery case law opinions and notes the trends taking place throughout the country. One trend we’ve seen this year includes the rise of requests for terminating sanctions for electronic discovery violations. Additionally, we continue to see more cases
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Court Imposes $150 Daily Monetary Sanction Due to Plaintiff’s Failure to Produce ESI
In Friedman v. SThree PLC, et al., Civil No. 3:14CV00378(AWT) (D.Conn. October 24, 2016), Defendants expressed dissatisfaction with Plaintiff’s answers to discovery responses. After holding a conference with the court, the court issued an order requiring Plaintiff to conduct additional searches, to provide a certification as to the completeness of their
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Class Action Plaintiffs Granted Spoliation Award After Obtaining $41 Million Judgment
In Rodman v. Safeway, Inc., Case No. 11-cv-03003-JST (N.D.Cal. October 6, 2016), the grocery store Safeway was sued in a class action lawsuit by customers who were being charged higher prices online than in stores. Some of the class action plaintiffs had already been granted partial summary judgment; the factual