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Sixth Circuit Takes Broader View of Taxable eDiscovery Costs Under § 1920
In Colosi v. Jones Lange LaSalle Americas, Inc., No. 14-3710 (6th Cir. Mar. 17, 2015), the Sixth Circuit considered the taxability of eDiscovery costs under 28 U.S. § 1920 and took a broader view of permissible costs than other circuits have. As the prevailing party, Defendant sought recovery of taxable costs under Section
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Parties Claim 10 Year Difference in When Duty to Preserve Evidence Arose
In the intellectual property and licensing dispute The Lunkenheimer Company et al. v. Tyco Flow Control Pacific Party, Ltd. et al., No. 1:11-cv-824 (S.D. Ohio, Feb. 12, 2015), the Southern District of Ohio considered when the parties’ duty to preserve evidence began. The parties differed in their opinions by over 10 years. Intervenor/Counter-Defendant Klur
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Texas Appellate Court Overturns Trial Court’s Forensic Examination Order
In Re VERP Investment, LLC, No. 05-15-00023-CV (Tx. Ct. App. Feb. 17, 2015), the Texas Court of Appeals considered the type of circumstances that can justify court-ordered computer forensic mirror imaging under Texas law. Plaintiff Nyugen filed suit after Defendant relator VERP changed the locks on Plaintiff Nyugen’s commercial building for alleged non-payment of
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Pennsylvania Court Addresses ESI Issues Under Right to Know Law
In the Pennsylvania state court case Paint Township v. Clark, No. 2113 C.D. 2013 (Pa. Comm. Ct. Feb. 5, 2015), Plaintiff Paint Township (“Township”) appealed a trial court’s order directing it to produce cell phone records from two public officials of the Township’s Board of Supervisors under Pennsylvania’s Right to Know Law (RTKL). Mr.
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Reformatted Laptop Leads to Allegations of Defendant Spoliation
The plaintiff in Advantor Systems Corp. v. DRS Technical Services, Inc., Case No. 6:14-cv-533-Orl-31DAB (Jan. 28, 2015) alleged spoliation after learning that Defendant had failed to properly preserve data on a laptop at issue in the case. The district court in the Middle District of Florida considered whether to order spoliation
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Sanctions Imposed After National Title Company Fails To Institute A Litigation Hold
In Fidelity National Title Insurance Company v. Captiva Lake Investments, Case No. 4:10-CV-1890 (E.D. Mo. Jan. 7, 2015), Defendant Captiva Lake Investments (“Captiva”) uncovered two sets of data that Plaintiff Fidelity National Title Insurance Company (Fidelity) – one of the largest title and escrow services companies in the United States – had
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Text Messages and Plaintiff’s eDiscovery
What Does Recent Case Law Say About Text Message Preservation? Text messages can present particular challenges in eDiscovery. To avoid the common pitfalls, the plaintiff’s bar needs to know both how to properly preserve its clients’ text messages and how to ensure defense counsel produces everything plaintiffs are entitled to
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Adverse Inference Instruction or Evidence Preclusion as Spoliation Sanction?
What should one do when a computer containing highly-relevant electronically stored information (ESI) crashes? For a case where a poor judgment was made in response to a computer crash, see Dorchester Financial Holdings Corp. v. Banco BRJ S.A., No. 11-CV-1529(S.D.N.Y. Dec. 15, 2014). Plaintiff alleged a contract with Defendant, who
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Part II of the Most Influential Plaintiff eDiscovery Cases of 2014
The Year in Electronic Discovery, Continued In Part I of our year-end review of the most influential plaintiff electronic discovery cases of 2014, we highlighted trends regarding ESI formatting, native files, metadata, search terms, spoliation, and sanctions. In Part II of the year-end roundup, we explore cases from the last
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Can Plaintiff Receive Expedited Discovery to Investigate Spoliation?
In the class action case Mirkarimi v. Nevada Property 1 LLC, Case No. 12cv-2160-BTM (DHB) (S.D.Cal. November 18, 2014), the court granted a number of extensions for class certification discovery between March and September of 2014. Defendant repeatedly indicated to Plaintiff and the court that it was diligently retrieving audio recordings