Knotty Issues of eDiscovery
In a lawsuit over the death of a prison inmate, the Plaintiff served Yahoo with a subpoena for all of the Defendant’s email for a period of nearly two years. Janice Chasten v. Franklin, 2010 U.S. Dist. LEXIS 113284 (N.D. Cal. Oct. 14, 2010). The Defendant moved to quash the[…]
Read moreThe Defendants in Johnson v. Neiman sought an order to not produce email messages located on back-up tapes on the basis the electronically stored information was not reasonably accessible. The Court agreed and issued a protective order. Johnson v. Neiman, 2010 U.S. Dist. LEXIS 110496 (E.D. Mo. Oct. 18, 2010).[…]
Read moreThe Defendants in Romero v. Allstate Ins. Co., opposed a motion to compel to confer with the Plaintiffs over search terms. Romero is an employment class action against Allstate involving alleged coercion to convert employees into independent contractors without their original benefits. Romero v. Allstate Ins. Co., 2010 U.S. Dist.[…]
Read moreIn an employment class action against Allstate involving alleged coercion to convert employees into independent contractors without their original benefits, the Plaintiffs sought the production of metadata of native files (along with several other discovery demands). Romero v. Allstate Ins. Co., 2010 U.S. Dist. LEXIS 111985 (E.D. Pa. Oct. 21,[…]
Read moreIn an employment discrimination case, the Defendant claimed the Plaintiff intentionally destroyed data off her personal computer and audio tapes. The Defendant sought the dismissal of the Plaintiff’s lawsuit and claimed they had spent $150,000 because of the alleged discovery violations. Coburn v. PN II, 2010 U.S. Dist. LEXIS 110613[…]
Read moreThe Court in Radian Asset Assur., Inc. v. College of the Christian Bros. of N.M., wrestled with the issue of compelling the return of an imaged hard drive that had been produced in discovery in a lawsuit with a stipulated protective order. The Court required the hard drive returned and any[…]
Read moreIn a murder and arson case, the Defendant objected to search warrants that had been issued for his personal computer, BlackBerry, Facebook profile and iPod. The Defendant claimed the affidavits supporting the warrants did not have any evidentiary nexus between the items to be searched and the alleged criminal activity. […]
Read moreIn a racial profiling case, the parties were in gridlock over custodians and date ranges to search of the electronically stored information. Barrera v. Boughton, 2010 U.S. Dist. LEXIS 103491 (D. Conn. 2010). After a meet and confer, the Plaintiffs proposed searching 40 custodians, with 80 key words from January 2004[…]
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 moreIn a case originally filed in California State Court, a Plaintiff brought a civil rights action against Facebook for alleged First and Fourteenth Amendment violations. The Defendant removed the case to Federal Court. Young v. Facebook, Inc., 2010 U.S. Dist. LEXIS 98261, at *1-2 (N.D. Cal. Sept. 13, 2010). The Plaintiff sought[…]
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