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Plaintiff Trial Attorneys Cite Email Threads as Key Evidence in Antitrust Litigation
One of the ongoing themes in our blogs is how email threads are not only relevant in civil litigation, but they can also be critical evidence to a case. This is particularly true for plaintiff electronic discovery requests against large corporations, as internal emails often reflect candor and truth not
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Social Media Disclosure in Plaintiff ESI Production Requires Threshold Showing by Defendant
One new area of plaintiff electronic discovery that is often contentious is the request for access to personal social media accounts. Defendants are now commonly requesting total access to plaintiffs’ Facebook, Twitter, Instagram and other accounts as part of eDiscovery. Many plaintiffs understandably object to this, typically alleging the requests
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Plaintiff eDiscovery Lesson from Multifeeder
Computer Forensics Expert Uncovers Defense Spoliation In the modern realm of electronic discovery, the impulse to obfuscate and destroy evidence is often a tempting one, particularly to individual witnesses who sometimes operate under the false belief that they can conceal their tracks by use of data purging or encryption software.
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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.
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eDiscovery Lesson: Surprise! Dismissal Proper After Taking Sledgehammer to Computer
In Taylor v. Mitre Corporation, 2012 WL 5473573 (E.D.Va. Nov. 8, 2012), an employee alleged employment discrimination. After making the requisite EEOC claim, the employee took a “sledgehammer” to his work computer containing email threads and discarded the scraps in a landfill. He subsequently received the “right-to-sue” letter from the
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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
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Plaintiff eDiscovery Requests Reveal Damaging Email Threads in Facebook Lawsuit
Facebook has been embroiled in litigation for over two years regarding the validity of some of its users’ “clicks” on its pay-per-click advertising. Plaintiffs in the suit are Facebook advertisers who pay the company every time an internet user clicks on their ads. The plaintiffs sought class action certification and alleged
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District Court Ups the Monetary Sanctions for Defense Production Spoliation in Multifeeder
In reviewing the recommendations of the magistrate judge in Multifeeder Technology, Inc. v. British Confectionery Company Limited (2012 WL 4135848 (D. Minn.)), the district court noted that sanctions for spoliation require a finding of an intentional destruction of evidence indicating a desire to suppress the truth. Id. at 4, citing
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Another Day, Another Example of Spoliation in ESI Defense Productions
As this blog has noted before, instances of electronic data spoliation are becoming ever increasing events in high-stakes class action lawsuits, multi-district litigation and business litigation. While the motives may vary, in many situations, the missing evidence to be construed against them may be more damaging than the existing evidence itself. The
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Plaintiffs in Class Action Lawsuit Allege Nissan “Leaf” Much to be Desired
Japanese car manufacturer Nissan is defending allegations of unfair consumer and business practices, breach of implied warranty and negligent misrepresentations by plaintiffs in Klee v. Nissan, Case No. CV-1208238DDP (PJWx), filed September 24, 2012 in the federal district court for the Central District of California. Brought on behalf of a