Tag: plaintiff esi production

  • Social Media Requests Without “Reasonable Particularity” Struck

    26 Oct 2012

    The case of Howell v. Buckeye Ranch, Inc., No. 2:11-cv-01014-GLF-MRA (S.D.Ohio Oct.1, 2012) involved an employment discrimination claim based on sexual harassment. As is the case in many sexual harassment cases of late, defendants sought expansive discovery including all of the plaintiff’s user names and passwords for each of her

  • The Scope of Social Media in Plaintiff ESI Production

    27 Aug 2012

    Litigants and courts struggle to define the scope of electronic data discovery, as well as the logistics of how to physically produce the electronically stored information. The newest scope and logistical challenges for ESI now lies in social media content. In EEOC v. Simply Storage Management, LLC Case No. 1:09-cv-1223-WTL-DML

  • Plaintiff ESI Production Strategies are Necessary from the Beginning of the Case

    8 Aug 2012

    The 2012 Virginia court opinion Global Aerospace, Inc., et al. v. Landow Aviation, L.P. d/b/a Dulles Jet Center, et al., (Case No. CL 61040) was no small discovery case. The physical amount of the ESI data was over 200 gigabytes (GB), or the equivalent of about two million pages if

  • Does the Future of Plaintiff ESI Production Include Facebook?

    27 Jul 2012

    A Pennsylvania judge recently issued an expansive ruling about electronically stored information (ESI) and the growing trend for defendants to request plaintiffs’ Facebook passwords in the case of Trail v. Lesko, No. GD-10-017249 (C.P. Alleg. Co. July 3, 2012 Wettick, J). The court looked at numerous Pennsylvania cases with eDiscovery

  • Does the Duty to Preserve Electronic Documents Arise Earlier for Plaintiffs?

    20 Jul 2012

    Every plaintiff and defendant has a duty to preserve evidence, and this duty arises even before litigation commences. The flexible legal standard for when this duty begins is when the litigation is “reasonably foreseeable.” Although plaintiffs in a lawsuit are reacting to a harm or injury inflicted upon them, they