Knotty Issues of eDiscovery
The Plaintiff in a prisoner rights case sought emails related to an incident of self-harm on a specific date. The Defendants answered they did not have any responsive emails and could not respond. Carter v. Cummings, No. 16-cv-55-bbc, 2016 U.S. Dist. LEXIS 137118, at *7-8 (W.D. Wis. Oct. 3, 2016).[…]
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Arizona is home of many great wonders, from the Grand Canyon to the ASU Arkfeld eDiscovery Conference. I highly recommend visiting both. Arizona now has new Rules of Civil Procedure that will continue to help litigation with electronically stored information. The new Arizona Rules of Civil Procedure go into effect[…]
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A Defendant claimed they did not have to provide a privilege log pursuant to Federal Rule of Civil Procedure Rule 26(b)(5)(A)(ii). David Mizer Enters. v. Nexstar Broad., Inc. (C.D.Ill. Aug. 31, 2016, No. 14-cv-2192) 2016 U.S. Dist. LEXIS 117076, at *23-26. Let’s just say this is a non-traditional approach to[…]
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A Plaintiff was unsuccessful in a motion for the Defendants to pay her fees in opposing the Defendant’s motion to compel. The interesting twist in this case is recognizing the importance of informal discovery and alternative means to find relevant information. Gade v. State Farm Mut. Auto. Ins. Co., No.[…]
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Agreements to produce ESI solely from search term hits suffers a very fatal flaw: the results are not guaranteed to be relevant to the case. The parties who provided payment mechanisms for drivers of rental cars to pay highway tolls agreed to produce ESI responsive to the following search terms: Smartphone[…]
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I remember visiting the La Brea Tar Pits as a child. Opinions that focus on whether or not parties should use Technology Assist Review always makes me think of mastodons drowning in tar. Asking a court for permission to use predictive coding, or trying to force a party to use[…]
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A Plaintiff sought the production of email and text messages from the Defendant in an employment case with civil rights causes of action. Elkharwily v. Franciscan Health Sys. (W.D.Wash. June 30, 2016, No. 3:15-cv-05579-RJB) 2016 U.S. Dist. LEXIS 85651, at *2-3. The Defendants objected on several privilege grounds, plus the fact[…]
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Published California eDiscovery cases are as rare as California Condors. However, unpublished California opinions provide a lot of insight in how judges see eDiscovery issues in state court. Flagship Theatres of Palm Desert is a California case regarding spoliation of email messages and the preservation of evidence. Even though it[…]
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The Plaintiffs were granted a TRO, and then a clarifying Preliminary Injunction order, for the Defendant to preserve electronically stored information in a case where a former employee went to a competitor with trade secret information. Henry Schein v. Cook (N.D.Cal. June 22, 2016, No. 16-cv-03166-JST) 2016 U.S. Dist. LEXIS[…]
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There are form of production cases that make me mutter, “Say what?” This is one of those cases. In the present case, the parties argued whether they needed to produce ESI as native files or PDFs. The Defendant claimed it would cost a total of $3,000 more to produce ESI[…]
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