ILS has provided a handy searchable archive of important decisions on discovery matters.
We do so as a convenience and hope that you will find it interesting, helpful and informative.
However, our case briefs are not intended to replace legal research or relieve counsel of their duty to independently evaluate the law as it applies to their particular cases.
- Attorney Fees
- Class Action Lawsuits
- Document Production
- eDiscovery
- eDiscovery Case Law
- Electronic Discovery
- ESI
- Foreign Document Translation
- Forensics
- FRCP
- ILS News
- Litigation Holds
- Metadata
- Motions to Compel
- Multi-District Litigation
- New Blogs
- Predictive Coding
- Proportionality
- Sanctions
- Social Media
- Spoliation
- Text Messages
- Uncategorized
- Video Surveillance
-
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
-
Use Of Messaging App To Auto Delete Text Messages During Discovery Phase of Case Was In Bad Faith
In Herzig v. Arkansas Foundation for Medical Care, Inc., No. 2:18-CV-02101 (W.D. Ark. July 3, 2019), the Arkansas District Judge found that Plaintiffs acted in bad faith by using and “manually configuring [the messaging app] Signal to delete text communications” and by failing to disclose those deleted messages to Defendant.
-
Motion to Redact Discovery Hearing Transcript Denied On Public Interest Grounds
In Pacific Biosciences of California, Inc. v. Oxford Nanopore Tech., Inc. et al., Nos. 17-275-LPS, 17-1353-LPS (D. Del. Nov. 4, 2019), the Court denied Defendant’s Motion to Redact Portions of the August 14, 2019 Discovery Teleconference and related submissions on the grounds that “the public has an interest in understanding
-
Objections To Production of Emails Overruled Due To Lack of Privilege
In Guardiola v. Adams City School District No. 14 et al., No. 1:18-cv-03230-RM-NRN (D. Colo. Oct. 25, 2019), the District Court Judge overruled Defendant’s objection to the Magistrate Judge’s order compelling them to disclose certain emails that Defendant argued were subject to the attorney-client privilege on the grounds that “the
-
Motion to Suppress ESI Denied Where An Expectation of Privacy Was Objectively Unreasonable
In United States v. Caputo, No. 3-18-cr-00428-IM (D. Or. Nov. 6, 2019), the Court denied Defendant’s motion to suppress ESI and various emails obtained via a warrant-less search of Defendant’s workplace email account on the grounds that under the military’s computer use policies in effect, “any expectation of privacy in
-
Claw Back of Inadvertently Produced Data Permitted Despite Lack of Rule 502(d) Order
In Bellamy v. Wal-Mart Stores, Texas, LLC, No. SA-18-CV-60-XR (W.D. Tex. Aug. 19, 2019), a Texas District Judge ruled that Defendant was entitled to “claw back” certain documents it unintentionally produced. However, the Judge still considered the inadvertently produced documents in analyzing Plaintiff’s motion for sanctions and granted Plaintiff’s motion
-
Motion To Compel Native Production Denied Because Native Was Not Specified
In Smith v. TFI Family Services, Inc., No. 17-02235-JWB-GEB (D. Kan. Sep. 4, 2019), a Kansas Magistrate Judge denied Plaintiff’s Motion for Order Against Defendant to Show Good Cause Why it Should not be Held in Contempt and Motion for Sanctions for failing to produce ESI in native format with
-
Plaintiff Not Precluded From Introducing Evidence Regarding Missing ESI
In Saulsberry v. Savannah River Remediations, LLC., No. 1:16-cv-02792-JMC(D.S.C. Sep. 19, 2019), the United States District Court for South Carolina denied Defendant’s motion in limine to bar Plaintiff from making adverse comments regarding Defendant’s failure to produce certain relevant ESI on the grounds that doing so would amount to an
-
Protocol Which Deprived Defendants Opportunity to Review for Privilege Vacated
In Crosmun v. Trustees of Fayetteville Technical Community College, No. COA18-1054 (N.C. Ct. App. Aug. 6, 2019), the Court of Appeals of North Carolina vacated the lower court’s opinion and remanded for further proceedings after holding that the trial court abused its discretion by compelling the production of ESI through
-
Sanctions Granted Due To Defendant “Willfully” Acting To Prevent Plaintiff From Accessing Photographic Evidence
In Wilmoth v. Deputy Austin Murphy, No. 5:16-CV-5244 (W.D. Ark. Aug. 7, 2019), an Arkansas District Judge granted Plaintiff’s motion for spoliation on the grounds that Defendant’s conduct exhibited an “intent to deprive” Plaintiff of the use of photographs that supported Plaintiff’s excessive force claim against Defendant. This case involves