EmailProduction

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April 24, 2017

School Email Not An Educational Record Under the Individuals with Disabilities Act

In E.D. ex. rel. T.D. and C.D. v. Colonial School District, Case No. 09-4837 (E.D. Pa., Mar. 31, 2017), Plaintiff parents filed a violation of the Individuals with Disabilities Act (IDEA) and the Rehabilitation Act case on behalf of their daughter against Defendant, alleging that Defendant failed to provide the child with a free appropriate

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March 29, 2017

Emails Forwarded from Former Email Account to Current Email Account Deemed Duplicative re Response to FOIA Request

Competitive Enterprise Institute v. Office of Science and Technology Policy, Case No. 14-765 (District of Columbia, Mar. 13, 2017), is an action initiated against a governmental entity, the Office of Science and Technology Policy (“OSTP”). In this action, the Plaintiff alleged that Defendant violated the Freedom of Information Act (FOIA) by failing to produce emails

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December 5, 2016

Disability Discrimination Plaintiff Denied Spoliation Sanctions for Email Accounts

In Reed v. Kindercare Learning Centers et. al., Case No. 15-5634 (W.D. Wash., Nov. 17, 2016), Plaintiff sought spoliation sanctions for email, ESI and physical evidence. Plaintiff, a childcare worker, sued Defendants for disability discrimination, failure to accommodate, wrongful termination, and retaliation. Well into the discovery period, Plaintiff filed a Motion to Compel production of

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November 25, 2016

Delaware Bankruptcy Court Declines to Compel Turnover of Email ESI by Yahoo

In re Irish Bank Resolution Corporation Limited, Case No. 13-12159 (Bankr. D. Delaware, Nov. 7, 2016), an Irish company involved in a “large-scale litigation” in Ireland filed Chapter 15 bankruptcy in the U.S. Part of the U.S. bankruptcy concerned loans made to businesses owned or controlled by a man named Sean Quinn and his adult children and the

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November 4, 2016

Defendant Required to Produce Emails Relevant to Hours Worked in FLSA Case

In Boyington v. Percheron Field Services, LLC, Case No. 14-90 (W.D. P.A., Oct. 14, 2016), a lawsuit brought by an employee of Defendant on behalf of himself and others similarly situated for nonpayment of overtime wages, Plaintiff alleges that Defendant improperly classified Plaintiff and his coworkers as exempt employees under the FLSA and the Pennsylvania

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August 8, 2016

Court Orders Production of Work Product Emails in Product Liability Action

In State Farm Fire and Casualty Company as Subrogree and Assignee of Martha L. Dean v. Johnson Controls, Inc. et. al., Case No. 15-02559 (W.D. Tenn., July 15, 2016), Plaintiff, an insurance carrier, sued car battery manufacturer Defendants regarding a vehicle fire that damaged subrogee and assign Ms. Dean’s vehicle. Ms. Dean notified Sears, who sold

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June 13, 2016

Appellate Court Reversed Spoliation Finding for Plaintiff Email Deletion

In Flagship Theatres of Palm Desert, LLC v. Century Theatres, Inc. et. al., Consolidated Case Nos. B257148, B259552 and B261149 (Cal. App., May 24, 2016), Plaintiff sued Defendants for antitrust violations. Plaintiff is a movie theater operating in Palm Desert; its claims indicated that Defendants had conspired to keep the most popular films from being

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April 29, 2016

New Jersey Superior Court Denies Public Records Request for Email Log Production

An email log being sought under the state public records act was the subject of an appeal in Paff v. Galloway Township, Docket No. A-0125-14T4 (N.J. Super. Ct. App. Div. April 18, 2016). Plaintiff sought email logs from the defendant Township pursuant to the Open Public Records Act (OPRA), N.J.S.A. 47:1A-1 to 13. He sought

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December 18, 2015

Television Station Compelled to Produce Emails in Defamation Case

In Deegan v. Nexstar Broadcasting, Inc., Case No. 14-1419-J-39 (M.D. Florida, Nov. 18, 2015), a TV meteorologist filed a defamation suit against a local television station, alleging that the station posted a photo of him in a story about a sex offender with the same name. During discovery, Plaintiff sought production of emails from certain employees and