-
Court Refuses to Require Party to Produce Medical Record Audit Trail
The Supreme Court of Kings County, New York, recently ruled that a hospital could not be compelled to produce the audit trail for its electronic records without a showing of good cause from the patient. In Vargas v. Lee et. al., 2015 NY Slip Op 31048(U) (Jun. 5, 2015), the
-
Update on Forensic Examination of Hard Drives and Computers
When Can a Party Obtain a Computer Forensic Examination? A year ago, ILS focused its monthly newsletter on the forensic examination of hard drives, computers, and mobile devices. Since then, the federal courts have issued several new decisions on the subject. Below is a summary of recent case law regarding
-
Court Holds Forensic Examination Improper Without Good Cause
In Hawkins v. The Center for Spinal Surgery et. al., Case No. 12-1125 (Jun. 18, 2015), the Middle District of Tennessee recently denied an employer’s motion to compel a forensic examination of a former employee’s flash drive. Plaintiff sued Defendant, her former employer, for employment discrimination and unlawful retaliation. Plaintiff,
-
Forensic ESI Expert Can Rely Upon Properly Authenticated Image of Hard Drive
In Teledyne Technologies, Inc. v. Raj Shekar, Case No. 15-cv-1392 (June 17, 2015), the Northern District of Illinois recently considered whether an image of a hard drive, if properly authenticated, could provide a forensics expert with enough information to draw conclusions. Defendant, a former employee of Plaintiff technology company, worked for Plaintiff in marketing
-
Bad Faith ESI Destruction A Question For The Jury
In Malibu Media, LLC v. Michael Harrison, Case No. 12-cv-1117 (June 8, 2015), the Southern District of Indiana considered Plaintiff’s objection to the magistrate judge’s recommendation that the court should not sanction Defendant for destroying evidence. Plaintiff, a limited liability company that makes pornographic films, accused Defendant of illegally downloading its
-
No Spoliation Where Documents Destroyed Per Document Retention Policy Before Litigation Hold
The Eastern District of Pennsylvania considered Plaintiff’s allegation that Defendant had spoliated documents in Giuliani v. Springfield Township, et al., Civil Action No. 10-7518 (E.D.Penn. June 9, 2015). Plaintiff owned land within the Defendant township and alleged that Defendant’s zoning decisions violated Plaintiff’s civil rights violations. The zoning dispute concluded in 2009, and Plaintiff
-
Court Refuses to Impose Sanctions Due to Lost Cell Phone
In Borrell v. Bloomsburg University, Civil Action No. 3:CV-12-2123 (M.D. Penn. June 8, 2015), in which a college student sued her former university for due process violations after the university expelled her for refusing to take a drug test, the Middle District of Pennsylvania considered whether to sanction Plaintiff after she lost her cell phone containing
-
Audit Trails and the Production of Electronic Medical Records
Doctors and hospitals frequently keep both paper and electronic records for their patients. In a personal injury or mass tort case, the victim’s medical data is usually the key component of the evidentiary record. But what can an injured plaintiff do if he or she suspects that defendants may have
-
SNDY Denies Forensic Examination of Email and Documents
The Southern District of New York considered a pro se Plaintiff’s motion requesting a forensic examination of Defendant’s computers and other electronic equipment in the disability discrimination matter Thompson v. Workmen’s Circle Multicare Center, No. 11 Civ. 6885 (DAB)(HBP)(S.D.N.Y. June 9, 2015). Defendant had produced certain emails in hard copy format,
-
Court Denies Request for ESI On Relevance Grounds
In James W. Lillard v. University of Louisville, Case No. 11-CV-554, June 2, 2015, the District Court for the Western District of Kentucky held that although discovery may be broad, relevance must be a factor in requesting production of ESI and paper documents. Plaintiff, a doctor engaged in cancer research, filed