Knotty Issues of eDiscovery
A Plaintiff sought a writ of mandamus after a trial court ordered the production of the Plaintiff’s personal computer and email accounts. The Court of Appeals of Texas granted the writ. In re Jordan, 364 S.W.3d 425 (Tex. App. Dallas 2012). The case involved claims of a sexually hostile work[…]
Read moreA Plaintiff propounded a Rule 45 request on a phone company to disclose the name and phone number associated with a blocked call. The Court denied the motion to compel the information. Lindsey v. PNC Mortg., 2012 U.S. Dist. LEXIS 74481, 3 (D. Haw. May 30, 2012). The lawsuit involved[…]
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The airline Defendant in a slip-and-fall case at an airport brought a motion for Plaintiff to produce her entire Facebook profile, including the private sections. Magistrate Judge R. Steven Whalen denied the motion. Tompkins v. Detroit Metro. Airport, 278 F.R.D. 387 ( E.D. Mich. 2012). The Court quickly recognized that[…]
Read moreIn a case involving claims of copyright infringement of fabric design, the tapestry of the Plaintiff’s discovery production was challenged, including allegations the Plaintiff: Neglected to search for and produce several categories of documents; and Deleted relevant emails. The Defendants sought an order permitting a forensic examination of Plaintiff’s computer[…]
Read moreI attended the iConect User Conference in Ft. Lauderdale, Florida last month. I have been a guest lecturer for several iConect webinars and it was great to meet many from the team in person. The Conference was content driven, with a keynote by Chris Dale of the e-Disclosure Information Project.[…]
Read moreWhen you think of Tom Wolfe’s “The Right Stuff,” test pilots and astronauts immediately come to mind. Aviators who risked their lives testing new technology that went higher and faster than anything else that could fly. The pilots who flew the X planes of the 1940s to 1960s built the[…]
Read moreThere is no psychic privilege. However, the legal tealeaves foretell a discovery dispute between online psychic advice and the Stored Communication Act. Judge Frank Maas had to interpret the legal Tarot Cards in an employment dispute involving a Plaintiff who sought online psychic advice. The Defendants sought discovery from the[…]
Read morePlaintiffs unsuccessful in a trial involving hostile work environment allegations, argued they were entitled to a new trial, because the trial court did not issue a adverse inference instruction for alleged destroyed ESI. Kullman v. New York, 2012 U.S. Dist. LEXIS 47649, 3-5 (N.D.N.Y Apr. 4, 2012). The Court agreed[…]
Read moreJudge David Waxse waded into a case that highlighted issues in parties not cooperating and possible inadequate preservation, search and production of ESI. Chura v. Delmar Gardens of Lenexa, Inc., 2012 U.S. Dist. LEXIS 36893, 7-8 (D. Kan. Mar. 20, 2012). The litigation involved an employment dispute with claims of[…]
Read moreAre photos and data from a red light camera hearsay? The answer is “no” according to the Court of Appeal in People v Goldsmith and conflicts with People v. Borzakian, discussed on the blog Developments in California Trial Practice. Goldsmith also addressed whether the admission of computer-generated photographs and a[…]
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