Knotty Issues of eDiscovery
Discovery Balancing Acts in a War Zone United States ex rel. McBride v. Halliburton Co., is a qui tam action over alleged fraudulent billing for services provided to the US military in Iraq. The case involved inflated headcounts in Morale, Welfare and Recreation (“MWR”) facilities and fraudulent billing for those costs to[…]
Read moreProducing databases is not as easy as fastening your seatbelt and enjoying the flight… A former airline employee sued his union claiming the union “failed to properly process his grievances arising out of his discharge from Northwest Airlines.” Lynch v. Air Transp., 2010 U.S. Dist. LEXIS 138143 (E.D. Wis. Dec. 17,[…]
Read moreIn an action to rescind a merger agreement, the Plaintiff brought a motion for the Defendant to restore back-up tapes; conduct keyword searches; document results from the keyword searches; and conduct additional searches after conferring on the first keyword search. Escue v. Sequent, Inc., 2010 U.S. Dist. LEXIS The Plaintiff[…]
Read moreThe online dating service Zoosk sued 25 Doe Defendants for libel per se, trade libel, and intentional interference with prospective economic advantage for an alleged defamatory campaign against the Plaintiff. Zoosk Inc. v. Doe, 2010 U.S. Dist. LEXIS 134292 (N.D. Cal. Dec. 9, 2010). This date gone wrong begins with[…]
Read moreShipmates, get ready for a voyage of Electronic Discovery. A cruise line sued their agents for the Defendants’ alleged failure to “provide proper ship management, care and oversight,” for the Plaintiffs’ cruise ships. Seven Seas Cruisesn S. DE R.L. v. V Ships Leisure SAM, 2010 U.S. Dist. LEXIS 131606 (S.D.[…]
Read moreEveryone got burned in this case, including the Court, the Federal Rules of Civil Procedure and especially Rule 1. Brinckerhoff v. Town of Paradise, 2010 U.S. Dist. LEXIS 126895 (E.D. Cal. Nov. 18, 2010). On a positive note, the Court was innovative enough to cited Google Maps in a footnote[…]
Read moreThe Plaintiffs in 1524948 Alberta Ltd. v. John Doe 1-50 claimed they were the victims of trademark infringement, trade libel, defamation and intentional interference with contractual relationships. The Plaintiffs claimed the unknown Defendants used a website “to publish allegedly “false, defamatory and infringing statements and to conduct other unlawful activity[…]
Read moreA service provider for router and network systems sued Cisco for Sherman Antitrust act violations. Cisco in turn sued for copyright and other violations. Multiven, Inc. v. Cisco Sys., 2010 U.S. Dist. LEXIS 71221 (N.D. Cal. July 9, 2010). Cisco propounded two discovery requests on the Plaintiff. The Producing Party claimed[…]
Read moreIn a negligence case where a plaintiff was the victim of a car crash, the Defendant trucking company attempted to introduce out-of-time third-party custodian affidavits and witnesses on the last day of discovery. Boling v. Mohawk Indus., 2010 U.S. Dist. LEXIS 75674 (D.S.C. July 27, 2010). The Court denied the[…]
Read moreThe personal computer is an eternal icon of the 1980s. However, few might suspect there is litigation currently pending dating back to the era of Reagan, Yuppies and Apple’s 1984 Orwellian Super Bowl commercial. [Youtube=http://www.youtube.com/v/OYecfV3ubP8&hl=en_US&fs=1&rel=0] Floppy Disks: e-Discovery Echoes Phillip M. Adams & Assocs. v. V., is the continuing story of[…]
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