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July 31, 2013

Plaintiff Awarded Fees for Unorganized and Misclassified Defense Production

In our last blog, we began a discussion of the state court case Hull et al. v. WTI, Inc., A13A0003 (Ga.Ct.App. June 18, 2013). In this complex business litigation case, the defendants produced 156,000 documents that the plaintiffs characterized as unorganized and a violation of defendant’s discovery duties. Additionally, the defendant’s characterized 83 percent of

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April 1, 2013

SCOTUS Delivers Setbacks to Class Actions

Our blog not only follows the latest in plaintiff eDiscovery news and case law, but also cases that affect trial attorneys who fight for consumers in class action lawsuits. Last week, the Supreme Court issued set backs to would-be class members in both a 5-4 decision in Comcast Corp. v. Behrend, 569 U.S. ____(2013), and

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January 28, 2013

Ottawa Facing Class Action Lawsuit After Losing Electronic Files

The Ottawa government is facing a class action lawsuit after a portable hard drive containing electronic data regarding 500,000 student loan borrowers was lost. Contained in the hard drive is sensitive information about the borrowers who took out student loans from 2000-2006, including names, social insurance numbers, birthdates, loan information and contact numbers. Plaintiffs whose

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December 5, 2012

Goodyear Takes Heat After Fraudulent Plaintiff eDiscovery Evasions

Discovery should not and cannot be a game of hide and seek. That is the take away statement in Haeger v. Goodyear Tire and RubberCo., No. CV-05-02046-RHX-ROS (D.Ct.Ariz. Nov. 8, 2012). Tire safety tests were at issue in discovery in the underlying product liability case. Plaintiffs sought relevant documents regarding high speed tests of the

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September 19, 2012

Is eDiscovery Cost Shifting Appropriate Prior to Class Action Certification?

Recently in Boeynaems v. LA Fitness, No. 10-2326 (E.D.P.A. August 16, 2012), the federal district court in the Eastern District of Pennsylvania addressed an issue apparently one of first impression – whether cost-shifting to plaintiffs related to pre-class certification discovery, including ESI discovery, was appropriate. Plaintiffs alleged the defendant national fitness chain was engaged in deception and breach of

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September 7, 2012

Samsung Chokes on Apple After Email Spoliation

Defendant Samsung had a rough week in court. Apple had sued Samsung for patent infringement, and the defendant was ill-equipped for electronic data discovery. This led to a breach of its duty to preserve evidence and might have contributed to the $1 billion verdict entered against it by a jury in Apple v. Samsung Electronics

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September 3, 2012

Second Circuit Takes Two Steps Back to Enforce Duty to Preserve Evidence

The standardization of eDiscovery protocols and better computer forensics is giving a boost in modern litigation to plaintiffs seeking to uncover the truth. Electronic data is difficult to hide or destroy, as it almost always leaves trace artifacts and trails. This was evident in the Zubulake series of cases where the defendant failed to preserve