Our last blog reviewed the facts in the case Cottle-Banks v. Cox Communications, 2013 WL 2244333 (S.D.Cal 2013) regarding the issue of automatic destruction of electronic data from audio tapes. Plaintiffs sought spoliation sanctions for recordings not saved after the case was filed on September 13, 2010, as defendant only began saving tapes in June
Multi-District Litigation
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- June 26, 2013
Plaintiffs Sought Spoliation Sanction for Deleted Audio Recordings: Warranted or Not?
In the case Cottle-Banks v. Cox Communications, 2013 WL 2244333 (S.D.Cal 2013), a court considered an electronic discovery issue of whether spoliation sanctions were warranted against the defendant for the automatic destruction of audio recordings saved as electronic data. At issue in the underlying case, filed on September 13, 2010, was whether Cox cable representatives
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- March 8, 2013
Discovery of Foreign Documents Stayed in Travel Website MDL
Plaintiffs who filed two class action lawsuits have now been combined as a multidistrict litigation, alleging certain online travel sites have colluded with major hotels to engage in price-fixing in violation of federal anti-trust laws. The MDL is named In re: Online Travel Company Hotel Booking Antitrust Litigation, Case Number 3:12-MD-02405, in the U.S. District
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- January 18, 2013
Preservation Orders Issued for eDiscovery in Fungal Meningitis Cases
The plaintiffs in the potential multidistrict litigation In Re New England Compounding Pharmacy Cases secured a key win early on: the judge ordered preservation orders for tangible and electronic evidence held by defendants. The case stems from an incident last Fall when the defendant, New England Compounding, recalled three lots of methylprednisolone acetate that have been
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- January 2, 2013
Plaintiff eDiscovery Discussion of Defendant Evidence Spoliation Continues
Our last blog laid out the specific facts and timeline of Bozic v. City of Washington, Pennsylvania (2012 WL 6050610)(W.D.Pa. Dec. 5, 2012). In this case, plaintiff alleged the city as defendant engaged in electronic discovery spoliation when the City Solicitor destroyed a tape recording of a meeting that was central to the case. The
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- December 31, 2012
When the Duty to Preserve Evidence Arise for Allegations of eDiscovery Spoliation?
In Bozic v. City of Washington, Pennsylvania (2012 WL 6050610)(W.D.Pa. Dec. 5, 2012) the plaintiff was a female firefighter and the defendant was the employer-city. Plaintiff had previously filed an EEOC charge against the city, and she was later hired. A few months later, the defendant claimed the plaintiff was not living within the city
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- December 21, 2012
Reviewing the Top 5 Plaintiff eDiscovery Cases of 2012
Our blog discusses the latest cases (good and bad) that affect plaintiff trial attorneys every week, and the following is our Top 5 Plaintiff eDiscovery cases of 2012: 5. Race Tires America, Inc. LLC v. Hoosier Racing Tire Corp. (Race Tires II), No. 11-2316, 2012 WL 887593 (3d Cir. Mar. 16, 2012). The Third Circuit
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- December 17, 2012
Email Chains Burn BP in Massive Plaintiff Multidistrict Litigation
Oil giant BP is facing a massive MDL lawsuit in the Lone Star state. Plaintiffs are 47,830 sick residents, plant contractors and workers from the Texas City, Texas area. A fire at the town’s BP oil refinery caused the company to release over 513,795 pounds of toxic chemicals into the air over an astonishing 40-day
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- December 14, 2012
Court Rules Handing Over iPhone Outside Scope of eDiscovery Requests
In AllianceBernstein L.P. v. Atha, (2012 NY Slip Op 07766)(Nov. 15, 2012), plaintiff was an investment firm alleging breach of contract and misappropriation of confidential information by the defendant, a former employee. As part of the suit, plaintiff secured a temporary restraining order (TRO) preventing defendant from retaining or using any of its confidential information.
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- November 30, 2012
What Are Defendants Hiding in NuvaRing Multidistrict Litigation?
Multidistrict litigation differs from class action lawsuits in that each plaintiff pursues individual lawsuits, but the discovery and pretrial phases are consolidated for purposes of judicial economy. In Re: NuvaRing Products Liability Litigation, No. 08-md-1964, (E.D.Mo.) is an ongoing federal MDL case against pharmaceutical manufacturers Merck, Schering-Plough and Organon. (Another mass tort case is pending
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