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Spoliation Sanctions After Losing Summary Judgment a High Burden to Carry (Especially If You Fail to Request ESI!)
Is it possible to receive spoliation sanctions as a plaintiff if a case has been adjudicated for the defense on summary judgment? As the plaintiff discovered in the case of Anderson v. Sullivan, et al. Case No. 1:07-cv-111-SJM(W.D.Pa. August 16, 2013), it’s possible, but difficult. The background of this case
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Email Search Terms at Issue after Efforts to Control Discovery “Implode”
In the opening paragraph of the Order re: Discovery Disputes in the patent case Mediatek, Inc. v. Freescale Semiconductor, Inc., Case No. 11-5341 UGR(JSC)(N.D.Cal. August 28, 2013), the magistrate judge praised the parties’ attempts to limit high discovery costs by a stipulated ESI Discovery Order. Unfortunately, the judge then admitted
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FDIC Proposes Unique Plaintiff ESI Protocol to Expedite Large Document Production
Federal Deposit Insurance Corporation v. Brudnicki, Case No. 5:12-cv-00398-RS-GRJ (N.D.Fl. 2013) is a case regarding the FDIC, as receiver for the now-defunct People’s First Community Bank, suing defendants, People’s former directors. Several electronic discovery disputes were pending before the district court in this case, including one regarding the proposed plaintiff ESI
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Montana Supreme Court Rules on Electronic Evidence Spoliation in Employment Discrimination Case
As electronic data issues are now commonplace in civil litigation, more state trial and appellate courts are ruling on eDiscovery disputes. In Cartwright v. Scheels All Sports, No. DA 12-0299 (Mont. 2013), the Montana Supreme Court reviewed a case where a plaintiff alleged wrongful termination against defendant, his former employer.
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After “Miscommunication and Confusion,” Court Orders Third Party Vendor to Respond to Plaintiff Discovery Requests
It is essential when drafting plaintiff electronic discovery requests to be clear on what format is being sought regarding electronic data in a defense production. In the federal courts, Fed. R. Civ. P. 34(b)(2)(E)(i) holds electronic discovery production to be proper when parties “produce documents as they are kept in
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Judge Scheindlin Reversed Magistrate’s Ruling on Spoliation and Prejudice
About a month ago, our blog discussed the case of Sekisui v. Hart, where a magistrate judge decided an electronic evidence spoliation issue. The magistrate issued a memorandum and order finding that while Sekisui acted “grossly negligent” in deleting emails and ESI after the duty to preserve evidence arose, the
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Despite “Wiping Software,” Metadata and Other Forensic Artifacts May Remain
In the cases discussed in our prior blogs this week, “wiping software” had been used by parties in an attempt to delete what is likely adverse information on personal and work computers. As expert computer forensics continually improves, it has become more likely that deleted files and metadata can, in
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Class Action Attorney Requests $24 Million in Fees but Deleted Electronic Data…What is a Court to Do?
In an order handed down August 7, 2013, a California Court of Appeals considered a class action attorney fee request of $24 million. The case is Ellis v. Toshiba, Nos. B220286, B227078 (Cal. Ct. App. 2013), and it has a very long history. The basic issue on appeal is whether
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Facebook Disclosure for 87 Class Action Plaintiffs? Federal Court Denies Discovery Request
Social media accounts, typically Facebook, are currently a hot-button issue for plaintiff ESI production in civil litigation. Most courts require a threshold showing that the public account has relevant information that would lead to discoverable evidence before requiring a plaintiff to produce private portions of the account. In an order
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Colorado Supreme Court, En Banc, Calls for “Active Judicial Management” of Discovery Productions
The Colorado Supreme Court recently handed down a ruling regarding disputes over discovery productions and electronic data in civil litigation. Their solution? More court intervention and “active judicial management” of pre-trial discovery matters. The case is DCP Midstream, LP v. Andarko Petroleum Corporation, Case No. 12SA307 (Colo. 2013)(en banc). Plaintiff