Previously, this blog discussed the case of Coyne v. Los Alamos National Security, LLC, Case No. 15-00054 (D. N.M., May 1, 2017), in which a former employee of Defendant Los Alamos sued Defendants for wrongful termination. In the case, Plaintiff alleged that FMLA leave from her job resulted from a co-worker’s assault, and that ultimately she
TextMessages Archives - ILS
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- April 12, 2017
Plaintiff’s Case Dismissed Due To Overwhelming Evidence of Intentional Deletion of Text Messages
In Coyne v. Los Alamos National Security, LLC et. al., Case No. 15-0054 (D. N.M., Mar. 21, 2017), Plaintiff former employee sued Defendant former employer Los Alamos for wrongful termination. Plaintiff alleged that she was assaulted on the job by a coworker and had to take FMLA leave after the assault. She also alleged that
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- March 27, 2017
Motion to Compel Text Messages Denied for Untimely Filing after Discovery End Date
In Healthwerks, Inc. et. al. v. Stryker Spine, et. al., Case No. 14-93 (E.D. Wisc., Mar. 6, 2017), Plaintiffs sought declaratory judgment regarding two exclusive agency agreements entered into with Defendant Stryker. One month before the scheduled March 2016 trial, Plaintiffs and Third Party Defendants filed a Motion to Compel text messages from Defendant Stryker. According
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- February 24, 2017
Text Messages in Electronic Discovery: Produce or Face Spoliation for Deletion
Text messages in electronic discovery are more important than ever in almost all civil litigations. Even more so than email, texts tend to be casual and candid in content, and may not be as carefully considered prior to transmission. This quality makes text messages a particularly prime source of potential relevant evidence in many cases
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- March 23, 2016
Court Orders Spoliation Sanctions for Defendants’ Willful Failure to Produce Text Messages
In First Financial Security, Inc. v. Lee et. al., Case No. 14-1843 (D. Minn. Mar. 8, 2016), Plaintiff sued Defendants for breach of contract. During discovery, Plaintiff sought communications, including emails and text messages, sent both before and after a critical May 10 meeting. Defendants refused to provide any of the information from after the May 10
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- February 22, 2016
Defendants Sanctioned for Failure to Preserve Text Messages
In Benefield v. MStreet Entertainment, LLC et. al., Case No. 13-1000 (M.D. Tenn., Feb. 1, 2016), a wrongful termination lawsuit in which Plaintiff alleges she was fired in retaliation for reporting sexual harassment to human resources, Plaintiff filed an EEOC charge on June 27, 2013 and filed suit three months later under both the federal
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