-
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
-
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
-
Court Determines Timeliness of Defendant’s Spoliation Sanctions Motion
In Travelers Prop. Cas. Ins. Co. of America v. Mountaineer Gas Co., No. 2:15-cv-0959 (S.D. West Virginia March 16, 2018), the Court is requested to consider a spoliation sanctions motion filed in a litigation arising from a boiler explosion at a medical center. The explosion led to a lawsuit between
-
Court in Pharmaceuticals Products Liability Case Grants in Part Plaintiff’s Motion to Compel Based on Relevancy
In Ideus v. Teva Pharmaceuticals USA, Inc., No. 4:16CV3086, (D. Nebraska May 6, 2018), Stephanie Ideus (“Plaintiff”) filed a motion to compel production of documents. Plaintiff filed a lawsuit against Teva Pharmaceuticals USA, Inc. (“Defendant”) alleging she experienced complications during and after removal of ParaGard T-380 (” ParaGuard”), an intrauterine
-
Magistrate Judge Rules on ESI Disputes in Twitter Securities Class Action
In Shenwick v. Twitter, Inc., No. 16-cv-05314-IST, (N.D. California, Feb. 7, 2018), a securities class action filed on behalf of certain persons who bought or acquired common stock of Twitter, Inc. (“Twitter”) in 2015, the magistrate judge resolved several ESI-related discovery disputes. First, the parties disagreed regarding the scope of
-
Court Orders Compliance and Payment of Other Party’s Attorneys’ Fees, Costs When Party Uses Spurious Arguments Opposing Discovery
In Cen Com, Inc. v. Numerex Corp., No. C-170650-RSM, (Dist. Court WD Washington, 2018), a breach of contract case, Numerex Corp., (“Defendant”) and Cen Com, Inc. (“Plaintiff”) are businesses in the alarm-monitoring industry, and worked together for several years. That business relationship involved the Plaintiff monitoring Defendant’s accounts and responding
-
Court Denies Defendant’s Motion to Compel Plaintiff to Produce Additional ESI, Stating Plaintiff Has Sufficiently Complied
In Apex Colors, Inc. v. Chemworld International Limited, Inc., No. 2:14-cv-273-PRC, (Dist. Court ND Indiana, 2018) the Defendant, Chemworld International Limited, Inc., (“Defendant”) asked the Court to compel the Apex Colors, Inc., (“Plaintiff”) to produce a hard-drive. The Court said no. Finos LLC’s members were Apex Colors, Inc. and Jim
-
Court Finds Failure to Preserve Evidence Amounted to Negligence and Warranted Sanctions
In Leidig v. Buzzfeed, Inc., No. 16 Civ. 542 (VM) (GWG), (S.D.N.Y. Dec. 19, 2017), the Plaintiffs, Michael Leidig, et al.(“Plaintiffs”) sued Buzzfeed, Inc. (“Defendant”) for accusing them of selling “fake news.” Plaintiffs argue that the article defamed them by disputing the veracity and news gathering efforts behind specific stories
-
Court Grants Plaintiff’s Motion to Compel Production of Several Years of Backup Tapes
In The Physicians Alliance Corporation v. WellCARE Health Insurance of Arizona, Inc., No. 16-203-SDD-RLB, (Dist. Court, MD Louisiana 2018) the United States District Court for the Middle District of Louisiana considered motions regarding Defendant’s alleged failure to adequately produce discovery. The Physicians Alliance Corporation (“Plaintiff”) brought this action against WellCare
-
Court Rejects Plaintiff’s Request for In Camera Review of Internal Documents Held by Defendant
In Crabtree v. Experian Information Sols., No. 1:16-cv-10706, (N.D. Ill. Oct. 20, 2017), the Court was asked to determine a dispute about whether a party’s internal communications were privileged, pursuant to the motion to compel filed by Plaintiff Quentin Crabtree (“Plaintiff”) against Defendant Experian Information Solutions, Inc. (“Defendant”). The discovery