Tag: FRCP26(b)

  • UPS Successfully Argues High Burden to Reduce Discovery Demand in Billing Class Action

    27 Jan 2017

    In Solo et. al. v. United Parcel Service Co., Case No. 14-12719 (E.D. Mich., Jan. 10, 2017), Plaintiffs allege that Defendant UPS breached its shipping contracts by overcharging for shipments with a declared value of over $300.00, incrementally increasing the charges based upon the value of the items being shipped.

  • Has the Amended FRCP 26(b) Made Substantive Changes to Case Law?

    12 Dec 2016

    The Scope of Electronic Discovery in 2016 The amended Federal Rules of Civil Procedure went into practice in January 2016. The changes have been shaping and modifying the application of FRCP 26(b), and the amended rule highlights the limitations that proportionality standards impose on the permissible scope of discovery. Let’s

  • Plaintiff Gains Access to Personal Computers and Email in Civil Rights Case

    1 Jul 2016

    In Sunderland v. Suffolk County et. al., Case No. 13-4838 (E.D.N.Y., June 14, 2016), a transgender prison inmate alleged “deliberate indifference to her medical needs” and failure to train staff on providing proper medical care to transgender inmates. Specifically, Plaintiff alleged that Defendants denied her access to her hormone therapy during her

  • District of Kansas Compels Family Services Defendants to Produce ESI in Case re Wrongful Death of a Minor

    20 Jun 2016

    In Boone v. TFI Family Services, Inc. et. al., Case No. 14-2548 (D. Kansas, June 3, 2016 and June 6, 2016), Plaintiffs sued Defendants for civil rights violations and various tort claims related to the death of a minor child.  The child was allegedly murdered by the girlfriend of his biological

  • Court Schools Defendant on Deduplication of Email

    17 Jun 2016

    In Family Wireless #1, LLC et. al. v. Automotive Technologies, Inc., Case No. 15-01310 (D. Conn., May 19, 2016), Plaintiffs are franchisees of Defendant who sued Defendant for breach of contract, misrepresentation, unjust enrichment and unfair trade practices. The parties filed their FRCP 26(f) report that provided a protocol for

  • Former Harvard Professor Gains Access to ESI

    29 Feb 2016

    Plaintiff in Theidon v. Harvard University, et. al., Case No. 15-10809 (D. Mass., Feb. 4, 2016), a former anthropology professor at Harvard, sued the university for sex discrimination and retaliation after she was denied tenure. During discovery, Plaintiff sought production of certain ESI in native format without deduplication, as well

  • Court Upholds Order Directing Plaintiff to Submit USB Drive for Forensic Imaging

    19 Feb 2016

    In employment discrimination case Bazzi v. YP Advertising & Publishing, LLC, Case No. 15-10741 (E.D. Mich., Feb. 3, 2016), Plaintiff testified at deposition that she had downloaded documents onto a USB drive from one of Defendant’s computers during her employment. Plaintiff allowed Defendant to copy the documents but refused to allow

  • Antitrust Case Faces Discovery Issues Regarding New FRCP Amendments

    8 Feb 2016

    Kissing Camels Surgery Center, LLC et. al. v. Centura Health Corporation, et. al., Case No. 12-03012 (D. Colo., Jan. 22, 2016) may be one of the first cases this year facing discovery issues surrounding the FRCP Amendments. The case is a complex antitrust action brought by various ambulatory surgery centers