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Court Compels Defendant Employer to Produce Computers for Forensic Examination
In Davis v. Crescent Electric Company et. al., Case No. 12-5008 (D. S.D., Oct. 12, 2016), Plaintiff sued Defendants for discrimination, alleging that they discriminated against her because she was a woman by paying her less than her male counterparts, and also alleging that they retaliated against her when she
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Sanctions Awarded against Defendant for Deleted Text Messages and Failure to Produce Native Format Data
In First Financial Security, Inc. v. Freedom Equity Group, LLC, Case NO. 15-1893 (N.D. Cali., Oct. 7, 2016), Plaintiff sued Defendant for intentional interference with contractual relationships and violations of California’s Unfair Competition Law, alleging that Defendant induced 1,400 sales contractors to leave Plaintiff’s employ and join Defendant “en masse”.
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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 Sinks FRCP 37 Spoliation Motion Where Hard Drive Containing Purported Photos Goes Down With Barge
Richard et. al. v. Inland Dredging Company, LLC, Case No. 15-0654 (W.D. La., Sept. 29, 2016) is a case filed by an injured crane operator, and his wife and child. The plaintiff worker fell from the crane due to gaps in the steps and lack of a handrail on
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Court Denies Plaintiff’s Spoliation Motion After Missing Video is Found
In Palmer v. Allen, et. al., Case No. 14-12247 (E.D. Mich., Sept. 28, 2016), Plaintiff sued the police department for the city of Ecorse, Michigan, as well as police officers Allen and Trevino, after an incident during a traffic stop. Plaintiff was the passenger in a vehicle that was pulled
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Court Denies Defendants’ Motion to Compel Plaintiff to Re-Organize Document Production
In State Farm Mutual Automobile Insurance Company v. Universal Rehab Services, Inc., et. al., Case No. 15-10993 (E.D. Mich., Sept. 26, 2016), Plaintiff sued Defendants for allegedly engaging in a scheme to submit fraudulent no-fault insurance benefit claims. During discovery, Defendants propounded interrogatories and requests for production of documents upon
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Court Denies Production Motion for Data Source Since Expert Did Not Consider the Data in Preparing Opinion
In the class action litigation Pearlman et. al. v. Cablevision Systems Corp., Caes No. 10-4992 (E.D. N.Y., Sept. 19, 2016), the Plaintiffs were subscribers of Defendant’s cable services and sued Defendant for its failure to provide certain television programming during a two-week period in 2010. Defendant’s prior arrangement with Fox broadcasting network
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Plaintiffs’ Request for Fees under FRCP 16(f) Denied Where Parties Equally Culpable in Signing Muddled Discovery Order
In Babcock Power, Inc. et. al. v. Kapsalis et. al., Case No. 13-717 (W.D. Ky., Sept. 14, 2016), Plaintiffs hired Defendant Kapsalis as CEO and entered into a confidentiality/nondisclosure agreement limiting his outside business activities while employed by Plaintiffs and limiting his business activity after termination for one year. When
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Court Declines to Compel Plaintiff to Recategorize CD-ROM Files Under FRCP 34(b)
In Sky Medical Supply, Inc. v. SCS Support Claim Services, Inc. et. al., Case No. 12-6383 (E.D. N.Y., Sept. 7, 2016), Plaintiff sued Defendants under the Federal Racketeering Influenced and Corrupt Organizations Act (RICO) for mail fraud as well as for common law fraud, aiding and abetting, unjust enrichment and
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U.S. Tax Court Deems Predictive Coding to Be a “Reasonable Inquiry”
Dynamo Holdings Limited Partnership et. al. v. Commissioner of Internal Revenue, Consolidated Case Nos. 2685-11 and 8393-12 (U.S. Tax Court, D.C., July 13, 2016) involves Petitioners’ disputes over adjustments to tax returns. During discovery, the government objected to Petitioners’ use of predictive coding (also called technology assisted review (TAR)) to