Motion for Sanctions for Spoliation Granted Under Federal Rules 37(e) and Rule 37(c)(1) – Part I
In FAST v. GODADDY.COM, LLC, No. CV-20-01448-PHX-DGC (D. Arizona Feb. 2022), before the Court was Defendants’ motion for sanctions under Federal Rule of Civil Procedure 37(c)(1) and (e), which presented a multitude of alleged sanctionable conduct by Plaintiff. Part 1 of this post will focus on the Court’s analysis under
Rule 37 Sanctions Awarded Arising From Plaintiff’s Failure to Preserve and Deletion of Snapchat Data
In JOHN DOE v. PURDUE UNIVERSITY, No. 2:17-CV-33-JPK (N.D. Ind. Jul. 2, 2021) before the Court was Defendants’ Request for Issuance of Order to Show Cause Regarding Plaintiff’s Non-Compliance with Order and Spoliation of Evidence. At issue was social media discovery from Plaintiff sought by Defendants, Purdue University and related
Defendants’ Motion to Compel Rigorous Social Media Discovery Searches From Class Plaintiffs Denied
In In re: ZANTAC (RANITIDINE) PRODUCTS LIABILITY LITIGATION, No. 20-MD-2924 (S.D. FL Nov. 15, 2021) Defendants served the 10 named Class Plaintiffs with Requests for Production and Interrogatories related to the Second Amended Consolidated Economic Loss Class Action Complaint and the Amended Consolidated Medical Monitoring Class Action Complaint. At issue
Failure To Disclose And Subsequent Deletion of Social Media Account Leads to Adverse Inference Sanction
In Cordova v. Walmart Puerto Rico, Inc., et. al., No. 16-2195 (ADC) (D.P.R. July 16, 2019), the judge imposed a sanction of adverse inference against Plaintiff due to Plaintiff’s failure to disclose and subsequent deletion of a social media account while the litigation was pending. This case involves allegations of
Judge’s Acceptance of Facebook Friend Request From Current Litigant Was Grounds for Re-Assignment
In the case In Re the Paternity of B.J.M., Appeal No. 2017AP2132 (Wis. App. Feb. 20, 2019), the Court of Appeals of Wisconsin reversed and remanded the case for further proceedings to a different judge after finding “a great risk of actual bias” due to the sitting judge’s acceptance of
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
Summary Judgment Denied After Court Finds Defendant Altered Skype Communication Records
In GoPro, Inc. v. 360Heros, Inc, No. 16-cv-01944-SI, (N.D.Cal. 2018), the Court denied Defendant’s motion for summary judgment and granted Plaintiff’s motion for sanctions. During discovery related to the parties’ dispute regarding federal and state trademark infringement and unfair competition, Defendant 360Heros, Inc., (“Defendant”) produced transcripts of two Skype conversations.
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
NY Appellate Court Holds Privacy Settings Do Not Govern Scope of Social Media Disclosures
In Forman v. Henkin, No.1, (N.Y. Feb. 13, 2018), Kelly Forman (“Plaintiff”) injured herself when she fell from a horse owned by Mark Forman (“Defendant”). Defendant wanted access to Plaintiff’s entire Facebook account, saying the photographs and written postings would be material and necessary to his defense. Plaintiff failed to
California Supreme Court to Review Whether Criminal Defendant Has a Constitutional Right to Obtain Social Media Records
Facebook, Inc. v. Superior Court, No. D072171, 15 Cal. App. 5th 729 (2017) relates to a criminal case where the defendants in a gang-related drive-by shooting case subpoenaed the Facebook, Twitter, and Instagram posts of a murder victim and a witness. The social media companies moved to quash the subpoenas, objecting