How to Get an eDiscovery Evidentiary Hearing

Judge 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[…]

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Printing ESI & Scanning It Is Not OK

In Indep. Mktg. Group v. Keen, the Defendant-Requesting Party requested the corporate Plaintiff conduct targeted searches with specific key words on specific custodians on the Plaintiff’s server.  Indep. Mktg. Group v. Keen, 2012 U.S. Dist. LEXIS 7702 (M.D. Fla. Jan. 24, 2012). The Plaintiff produced one multiple page PDF without[…]

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There is Only One Way to Rock Search Terms

In Re National Association of Music Merchants, Musical Instruments and Equipment Antitrust Litigation involved a dispute over additional searches of electronically stored information using abbreviations and acronyms for previously agreed-upon search terms. Instead of turning the discovery dial up to 11, the Court pulled the plug on the additional search[…]

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Misadventures in Searching Unallocated Space

The parties in I-Med Pharma Inc. v. Biomatrix, Inc., stipulated to the search of the Plaintiff’s computer system by the Defendants’ forensic expert.  I-Med Pharma Inc. v. Biomatrix, Inc., 2011 U.S. Dist. LEXIS 141614 (D.N.J. Dec. 9, 2011). The expert ran a combination of approximately 60 keywords, including French words, keywords[…]

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Cross Spoliation Claims for Lost Video & Witness Statements

In Patel v. Havana Bar, 2011 U.S. Dist. LEXIS 139180  (E.D. Pa. Dec. 2, 2011), both parties were accused of spoliation. The underlining facts involved the Plaintiff attending an engagement party at the Defendant’s restaurant/bar and falling off a two-story balcony. Defendants’ Spoliation The allegations against the Defendant involved the[…]

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