Knotty Issues of eDiscovery
The 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 moreIn a production dispute over native files, Magistrate Judge Paul Cherry shows us (again) that producing native files as non-searchable PDF’s does not comply with Federal Rule of Civil Procedure Rule 34. Jannx Med. Sys. v. Methodist Hosps., Inc., 2010 U.S. Dist. LEXIS 122574 (N.D. Ind. Nov. 17, 2010). Federal Rule[…]
Read morePerryman v. Potter is an employment discrimination case involving a postal worker who was not selected for a lateral transfer to a supervisor position. The Defendant brought a motion for summary judgment. The Plaintiff claimed that the Defendant’s destruction of notes from the interview process entitled the Plaintiff to a[…]
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 moreIn a dispute over the creation of Jersey Boys, we see the production of electronically stored information is no musical. Corbello v. Devito, 2010 U.S. Dist. LEXIS 125207 (D. Nev. Nov. 12, 2010). For the opening act, the Court admonished the attorneys for “their lack of cooperation concerning Electronically Stored Information[…]
Read moreI am honored and humbled Bow Tie Law was selected by the ABA Journal as one of the top 100 best law blogs by lawyers, for lawyers. I want to dedicate this honor to my late friend Howard Krosney, who was a loyal fan of Bow Tie Law and a[…]
Read moreIn a business dispute, the Plaintiffs sought the production of email messages in native file format with metadata. The successor counsel to the Defendant claimed producing as TIFF’s would be sufficient, because the ESI was “no longer available in native format.” Moreover, the Defendant claimed producing metadata was “unnecessary and[…]
Read moreISP providers and a California-based company developed an internet activity inception device that monitored ISP subscriber’s internet usage. The device collected websites visited and search term history. The data was then transmitted to the Defendant in Redwood City, California for analysis to develop targeted marketing to the ISP subscribers. Valentine v. Nebuad, Inc.,[…]
Read moreIn a very short opinion, Magistrate Judge Facciola showed a path to putting the brakes on spoliation motions: “Assessing whether sanctions are warranted for the loss of otherwise discoverable information is a function of whether a party has been prejudiced by that loss.” Davis v. Grant Park Nursing Home, LP, 2010 U.S. Dist.[…]
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