TextMessages

admin
May 24, 2017

District Court Adopts Magistrate’s Recommendation of Termination Sanction Upon Finding Willful ESI Spoliation

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

admin
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

ilsteam
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

admin
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

admin
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

admin
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