In FDIC v. Giannoulias et al., No. 12 C 1665, (N.D.Ill. October 23, 2013), plaintiff FDIC, acting as receiver for a bank, sued to recover millions of dollars in losses for loans the FDIC alleged the defendants had negligently approved. Discovery commenced and “Phase II” of discovery included plaintiff ESI (electronically stored information). Plaintiff and
plaintiff esi Archives - ILS
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- November 1, 2013
Defendant Failed to Make Prima Facie Case for Alleged Plaintiff ESI Spoliation
In Digital Vending Services International v. The University of Phoenix, et al., Action No. 2:09CV555 (E.D.Va. Oct. 3, 2013), the defendants sought spoliation sanctions for a missing thumb drive containing plaintiff ESI. It was undisputed that the thumb drive was lost; the only question before the district court was whether that warranted sanctions. To make
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- October 30, 2013
Spoliation of Facebook Electronic Data Led to Attorney Being Sanctioned
In the case Lester v. Allied Concrete, Case No. CL08-150(Cir.Ct. City of Charleston, VA), the trial court awarded plaintiff Lester $2,350,000 for personal injuries and $6,227,000 for the death of his wife. Defendants then filed motions for sanctions for spoliation of evidence against Lester and his attorney, Murray, based upon allegations that before the trial began,
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- October 28, 2013
When Social Media is Relevant, Deleting Account May Lead to Adverse Inference Instruction
In Gatto v. United Airlines, Inc., 2013 U.S. Dist. LEXIS 41909, No.: 10-cv-1090-ES-SCM (D.N.J. Mar. 25, 2013), plaintiff Frank Gatto was ordered to produce personal Facebook account records. The personal injury action alleged permanent disability limiting physical and social activities, so the court agreed Facebook records were relevant and discoverable. Defendants briefly had access to
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- October 25, 2013
Court Agrees Boolean Phrasing Useful in Searching Electronic Data
In the case Swanson v. Alza Corporation, No. CV 12-04579-PJH (KAW), (N.D. Cal, October 7, 2013), Defendant filed a Motion to Compel the Plaintiff ESI production. Specifically, Defendant sought to compel Plaintiff to use its chosen search terms and to update the interrogatories (the parties were able to resolve the interrogatory dispute without the court
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- October 23, 2013
After In Camera Review, Magistrate Rules Only Select Plaintiff Email Chains be Produced
One theme that has emerged in electronic discovery disputes is that courts do not look favorably on general objections to either defendant or plaintiff ESI requests. Parties must make specific, pointed objections to numbered requests to have the best chance at having the judge rule in their favor. For a recent case example, see in
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- October 21, 2013
Defendant’s Objections to Plaintiff ESI Rejected by District Court
Fed.R.Civ.P 26(b)(1) calls for a broad range of discovery. The rule permits discovery of non-privileged information relevant to any party’s claim or defense, including electronically stored information, as long as the request describes with reasonable particularity each item or category of items to be inspected. In Viteri-Butler v. UC Hastings College of Law, Case No.
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- October 11, 2013
Plaintiffs Prevail on Electronic Discovery Dispute in Surgical Mesh MDL Regarding International Data
In ongoing multidistrict litigation involving surgical mesh that has been alleged to have injured over ten thousand plaintiffs, an eDiscovery dispute arose over international electronic data. In the case In Re: Ethicon, Inc. Pelvic Repair Systems Product Liability Litigation, MDL No. 2327, (S.D.W.Va. September 18, 2013), plaintiffs sought electronic data relating to the testing, manufacturing,
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- October 7, 2013
Court Considers Objection Waivers for Inadequate Response to Plaintiff ESI Requests
In Westdale Recap Properties, Ltd. et al. v. NP/I&G Wakefield Commons, LLC et al., No. 5:11-CV-659-D (E.D.N.C. September 26, 2013), plaintiff was a shopping mall tenant who sued the defendant property manager for fraud and unfair and deceptive practices, among other claims. After exchanging agreed-upon ESI protocols, the defendants moved for a time extension. In
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- September 13, 2013
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 was plaintiff alleged wrongful retaliation
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