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Motion for Recusal Based On the Metadata Properties of the Court’s Opinions Denied by the Court
In ARCONIC CORP. v. NOVELIS INC., Civil Action 17-1434 (W.D. Pa. Feb. 10, 2022), before the Court was a motion to recuse filed by Plaintiff. In the trade secrets litigation, Plaintiff’s motion arose from the fact that the special master’s staff was listed in the Author metadata property in several
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Motion Regarding Lack of Metadata and Incomplete Email Threads Denied For Lack of Specificity
In RAINS v. WESTMINSTER COLLEGE and KOERNER, No. 2:20-cv-00520 (D. Utah Feb. 1 2022), before the Court was Plaintiff’s Short Form Motion to Compel and/or for Sanctions for Spoliation. The case arose from Plaintiff’s allegations that she was wrongfully terminated from a faculty position by her former employer. Plaintiff moved
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Medical Record Metadata Ordered To Be Produced In Light Of Different And Conflicting Versions of Plaintiff’s Medical Records
In Miller v. Sauberman, Index No. 805270/16 (N.Y. Dec. 6, 2018), a New York Supreme Court Justice denied Defendant’s motion for a protective order and granted Plaintiff’s cross-motion to compel the production of metadata related to Plaintiff’s medical records, despite Defendant’s estimated cost of $250,000 to produce such records. In
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PDF Production Ruled Insufficient In Case Involving Theft of Trade Secrets
In Balancecxi, Inc. D/B/A Zacoustic v. International Consulting and Research Group, LLC, et al (W.D. Tex, Mar. 13, 2020), the Court granted plaintiffs’ motion to compel requiring defendants to produce all ESI, including metadata, and additional storage devices after finding that defendants’ discovery responses were insufficient in both form and
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Native Production Ordered Under FRCP 34’s “Usual Course of Business” Requirement
In the absence of a specified production format provided in the request or agreed upon by the parties, Fed. R. Civ. P. 34 requires that electronically stored information (ESI) is produced as “kept in the usual course of business…or in a reasonably usable form or forms.” A producing party ignores
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Court Finds Production of Three Million Emails is Unreasonable
In Nece v. Quicken Loans, Inc. (Case No. 8:16-cv-2605-T-23CPT) (United States District Court, M.D. Florida, Tampa Division), Eileen Nece (the plaintiff) filed a lawsuit against Quicken Loans, Inc. (the defendant) over allegations that it violated the Telephone Consumer Protection Act (TCPA). Nece submitted four forms on Quicken’s website in December
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Court Grants Spoliation Sanctions for Deleted Social Media Accounts
In Nunes v. Rushton (Case No. 2:14-cv-00627-JNP-DBP.)(United States District Court, D. Utah), the Court granted the plaintiff’s spoliation sanctions. Rachel Nunes (plaintiff) brought a copyright infringement claim against Tiffanie Rushton (defendant). The defendant copied protected portions of the plaintiff’s book, A Bid for Love, and released copies of the work
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Federal Appeals Court Requires Individualized Suspicion in Search of a Cellphone, But Not Necessarily a Warrant
In U.S. v. Kolsuz, (4th Cir. May 9, 2018), the United States Court of Appeals for the Fourth District determined requirements for a proper border search. Hamza Kolsuz (“Kolsuz”) was detained by federal customs agents at Washington Dulles International Airport while he was attempting to board a flight to Turkey. The
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Congress Passes Law Clarifying Scope of U.S. Warrants for Email Data Stored Overseas; New Law Moots Microsoft Case Before SCOTUS
In U.S. v. Microsoft Corporation, No. 17-2 (U.S. April 2018), the Supreme Court of the United States granted certiorari to decide whether a United States-based provider of e-mail services must disclose electronic communications within its control to the government when the provider stores the communications abroad. In December 2013, federal
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The United States Supreme Court Hears Oral Arguments in Microsoft Stored Communications Act Case
The Supreme Court heard oral arguments in United States v. Microsoft Corporation, No. 14-2985 (2nd Cir. July 14, 2016), a case that could have wide-ranging effects on email privacy. The justices are expected to issue a June 2018 ruling on whether the Stored Communications Act (“SCA”) allows the U.S. government