Knotty Issues of eDiscovery
There 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[…]
Read moreThe recording of the iConect webinar “Let’s Review: Increasing Effectiveness of eDiscovery Review” is available to watch on demand at the following link: Let’s Review. The password is Review. The webinar was sponsored and hosted by iConect, on March 15, 2012. Let’s Review focuses on how to maximize technology on[…]
Read moreDetermining search terms can sink into a voyage on the Pequod hunting a white whale. If a party obsesses over search terms, they may find themselves quoting Captain Ahab as they sink in an over-inclusive ocean of electronically stored information. To The Last, I Grapple With Thee In EEOC v.[…]
Read moreJo Ann Howard & Assocs., P.C. v. Cassity, is a dispute over the production of a Defendant’s initial disclosures. The Defendant described various ESI and other documents as part of their initial disclosures pursuant to Federal Rule of Civil Procedure Rule 26(a)(1). Jo Ann Howard & Assocs., P.C. v. Cassity,[…]
Read moreAirlines don’t just lose luggage. In antitrust litigation over airline baggage fees, a Court sanctioned Delta for not conducting a reasonable inquiry and a “huge hole” in their eDiscovery process. In re Delta/AirTran Baggage Fee Antitrust Litig., 2012 U.S. Dist. LEXIS 13462, 41-43 (N.D. Ga. Feb. 3, 2012). Flight Plan[…]
Read moreWhen it comes to native files with associated metadata, there is no substitute. In a motion battle over a stipulation on the form of production, the Plaintiff stated that ESI should be produced in native file format with associated metadata. In the event ESI needed to be redacted or was[…]
Read moreHigh school students across California are participating in the California Rights Foundation statewide mock trial tournament. The 2012 fact pattern involves a murder trial layered with numerous hearsay issues and a hint of eDiscovery for the students. The Santa Clara County Courts, Santa Clara County Bar Association and Santa Clara[…]
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