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Attorney Fees for Defendant’s Failure to Disclose Under FRCP 26(a)
In XMission, L.C. v. Adknowledge, Inc., Case No. 15-277 (D. Utah, June 24, 2016), Plaintiff is an internet service provider that sued Defendant under the CAN-SPAM Act. At issue is over 100,000 emails. Before the completion of discovery, Plaintiff filed a Motion for Summary Judgment. In response, Defendant filed a
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Court Declines to Order Adverse Inference Instruction for Missing Email
In Lauth v. Covance, Inc., Case No. 14-136 (S.D. Indiana, June 14, 2016), Plaintiff sued Defendant under the Age Discrimination in Employment Act (ADEA) for discrimination and employment retaliation. Defendant hired Plaintiff in 2006 when Plaintiff was 54 years old. The record showed that Plaintiff never received a negative overall employee
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Attorney Fee Sanction Against Plaintiffs for Failing to Produce Documents, Metadata
In The Hawk Mountain, LLC et. al. v. Mirra, et. al., Case No. 13-2083 (D. Delaware, June 3, 2016), Plaintiffs subpoenaed a third party, McCaffrey, to obtain documents with respect to her alleged 2010 correspondence with Defendants, which correspondence related to issues in the case. No party or third party objected
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Court Holds Informal Requests Sufficient for Meet and Confer Requirement
Gade v. State Farm Mutual Automobile Insurance Co., Case No. 14-00048 (D. Vermont, June 6, 2016) is a personal injury case involving two motor vehicle accidents which occurred one year apart. Plaintiff sued Defendant after her uninsured/underinsured motorist benefits claims were denied. During discovery, Defendant deposed Plaintiff’s biomechanical expert, requesting
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Court Declines to Order Terminating Sanctions But Admonishes Party for Poor ESI Production
In Applied Underwriters, Inc. v. American Employer Group, Case No. 14-00379 (E.D. Tenn., May 2, 2016), the parties engaged in numerous discovery disputes throughout the litigation, including motions to file under seal and complaints to the court regarding parties’ failure to comply with discovery orders and failure to engage in
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Adverse Inference Instruction Against Trucking Company for Failure to Preserve Data
O’Berry et. al. v. Turner, et. al., Consolidated Case Nos. 15-00064/15-00075 (M.D. Ga., April 27, 2016) is a consolidated litigation arising out of a tractor trailer accident. Plaintiffs were a driver and a passenger in a car which was struck by the tractor trailer truck driven by Defendant Turner, who suddenly swerved into their car’s
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Spoliation Sanctions Denied, Insufficient Degree of Bad Faith in Deleting Email
In OrchestrateHR, Inc. et. al. v. Trombetta, et. al., Case No. 13-2110 (N.D. Texas, April 18, 2016), Plaintiffs sued Defendants over violations of a former employee’s (Trombetta) non-compete and confidentiality agreements. During discovery, Defendant Borden-Perlman Insurance was twice sanctioned for discovery violations. Eventually, Plaintiffs filed sanctions motions against all the
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District of Kansas Judge Accepts Ruling of Sanctions for Failure to Comply with Discovery Orders
Prior to the filing of AKH Company, Inc. v. Universal Underwriters Insurance Co., Case No. 13-2003 (D. Kansas, Apr. 11, 2016), Plaintiff was involved in a trademark infringement case in which Defendant defended Plaintiff and settled the case under a reservation of rights. During the underlying trademark case, Plaintiff retained
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Court Tailors Adverse Inference Instruction to Avoid Improper Juror Speculation
In Epic Systems Corp. v. TATA Consultancy Services Ltd. et. al., Case No. 14-748 (W.D. Wis., March 23, 2016), Plaintiff sued Defendants for allegedly using its trade secrets and confidential information without permission. During a long and drawn-out discovery period fraught with disputes, the Court fielded numerous discovery Motions including
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Pennsylvania District Court Denies Request For Adverse Inference Instruction Spoliation Sanction
Botey v. Green, et. al., Case No. 12-01520 (M.D. Pa., April 4, 2016) is a personal injury case in which Plaintiff alleged serious injury resulting from the negligence of defendant truck driver. Plaintiff was unable to depose the trucker after a determination that the trucker suffered from dementia. Plaintiff then