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Spoliation on a “Staggering Scale” Results in Judgment Sanction in International Patent Infringement Case
In Organik Kimya, San. Ve Tic. A.S. et. al. v. International Trade Commission, Consolidated Case Nos. 2015-1774, 2015-1833 (Fed. Cir., Feb. 15, 2017), Petitioners appealed a decision by the International Trade Commission (ITC) finding that they had spoliated evidence during a patent infringement suit filed by Dow Chemical. Dow alleged
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Counterclaim Dismissed with Prejudice as Sanction for Fabricated Email
In Flextronics International, USA, Inc. v. Sparkling Drink Systems Innovation Center Ltd. et. al., Case No. 15-4904 (N.D. Ill., Feb. 9, 2017), Plaintiff sued Defendants for breach of contract, fraud and other claims stemming from a manufacturing agreement. Defendant Bueno is the owner of the two corporate Defendants. Defendant SDS-HK
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Spoliation Motion Denied in Misappropriation of Trade Secrets Case
In HCC Insurance Holdings, Inc. v. Flowers, et. al., Case No. 15-3262 (N.D. Ga., Jan. 30, 2017), Plaintiff sued Defendants alleging that Defendant Flowers and Defendant Remeika resigned from a non-party subsidiary of Plaintiff, HCC, and appropriated Plaintiff’s trade secrets for use in their new company, Defendant CRU. Plaintiff filed
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Summary Judgment Denied as to Adequacy of U.S. Trustee’s FOIA Search
In Wisdom v. United States Trustee Program, Case No. 15-1821 (District of Columbia, Jan. 13, 2017), Plaintiff filed Chapter 7 bankruptcy in 2011, and Jeremy Gugino was appointed the Chapter 7 trustee of Plaintiff’s case. Gugino and Plaintiff had a contentious relationship, and in 2013, Plaintiff filed an adversary proceeding
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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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Illinois Court of Appeals Reverses Order Permitting Forensic Imaging of Plaintiff Computer
In Carlson v. Jerousek, et. al., Case No. 15-1248 (Ill. App. Ct., Dec. 15, 2016), Plaintiff sued Defendants when his car was rear-ended by a bus operated by Defendants. He alleged physical and cognitive disabilities, emotional distress, disfigurement, and loss of normal life. Defendants admitted liability but contested the extent
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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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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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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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Court Finds that Defendant Corporations Falsified Electronic Wage and Hour Records
In Ayala et. al. v. Your Favorite Auto Repair & Diagnostic Center, Inc. et. al., Case No. 14-5269 (E.D. N.Y., Sept. 16, 2016), Plaintiffs sued Defendants under the Fair Labor Standards Act and under New York’s state labor law, seeking to recover unpaid wages and overtime as well as other