Knotty Issues of eDiscovery
The 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[…]
Read moreThe Plaintiff in an online fraud case sought the production of personal email messages from Yahoo. Jimena v. UBS AG Bank, Inc., 2010 U.S. Dist. LEXIS 95050 (E.D. Cal. Aug. 27, 2010). The allegations of the lawsuit involved a “Nigerian advance fee scheme,” where the Plaintiff claimed the Defendant, the Chief[…]
Read moreIn an unplublished criminal appeal over a jury instruction that the Defendant failed to explain or deny evidence, the Appellant-Defendant claimed as his alibi that he was playing poker on MySpace at the time of the crime. The Prosecutor claimed the “MySpace Alibi” was implausible or bizarre. People v. Calderon, 2010 Cal. App.[…]
Read moreA Plaintiff brought a motion for the most severe sanctions possible for the Defendants’ alleged failure to issue a litigation hold. Taylor v. AFS Techs., Inc., 2010 U.S. Dist. LEXIS 93664, at *1 (D. Ariz. Aug. 18, 2010). The Court refused to use legal nuclear weapons on the Defendants. […]
Read moreBad Laws are the worst sort of tyranny. Edmund Burke The denial of the petition for the en banc rehearing of U.S. v Pineda-Moreno by the Court of Appeals for the Ninth Circuit should make Lady Justice scream for review by the United States Supreme Court. U.S. v Pineda-Moreno 2010[…]
Read moreThe Plaintiff in a sexual harassment case was able to demonstrate a prima facie case to overturn a summary judgment on the narrow issue whether she was retaliated against for filing her lawsuit. Magiera v. City of Dallas, 2010 U.S. App. LEXIS 16802 (5th Cir. Tex. Aug. 11, 2010). The[…]
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