Knotty Issues of eDiscovery
The ease of creating a MySpace profile (or Twitter) that impersonates a celebrity has to be nerve racking for actors, rock stars, and anyone else who is “famous.” Riggs v. Myspace, Inc., 2009 U.S. Dist. LEXIS 37109 (W.D. Pa. May 5, 2009) is the story of a Plaintiff who created[…]
Read moreHochstein v. Microsoft Corp., involves litigation over the Xbox video game system. The Court issued an Order for discovery to close on October 31, 2008. Hochstein v. Microsoft Corp., 2009 U.S. Dist. LEXIS 44879, 3 (E.D. Mich. May 21, 2009). This obviously required production of any documents or ESI the[…]
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Innis Arden Golf Club v. Pitney Bowes, Inc., 2009 U.S. Dist. LEXIS 43588 (D. Conn. May 21, 2009) is a polychlorinated biphenyls (“PCBs”) clean up case. Unfortunately, the clean up efforts included getting ride of evidence that resulted in sanctions for the Plaintiff, Innis Arden Golf Club.
Read morePlunk v. Vill. of Elwood, 2009 U.S. Dist. LEXIS 42952 (N.D. Ill. May 20, 2009) is a civil rights case with a summer time trial date against a local government, village officials and the police department. The Plaintiffs took the Defendants to task for failing to image six hard drives[…]
Read moreIt is beyond cavil that this entire problem could have been avoided had there been an explicit agreement between the parties as to production, but as that ship has sailed, it is without question unduly burdensome to a party months after production to require that party to reconstitute their entire[…]
Read moreD4 LLC exhibited at the Computer Enterprise Investigation Conference (CEIC) for the first time in Orlando on May 17-20, 2009. I have attended the show for the last four years and it was an honor to present again on e-Discovery. CEIC always brings together the most educated people on computer[…]
Read moreMagistrate Judge Facciola’s Asarco, Inc. v. United States EPA, 2009 U.S. Dist. LEXIS 37182 (D.D.C. Apr. 28, 2009) dealt with a very brief issue: Was one keyword adequate for the search of electronically stored information? Short answer: No In Asarco, the Plaintiff opposed a summary judgment motion and sought leave[…]
Read moreProcedural Overview A mail clerk sued the United States Post Office and settled her lawsuit 1999. The Plaintiff sued the Post Office again, claiming the Defendants engaged in a campaign of harassment. The Plaintiff brought a second lawsuit for violations of Title VII and breach of contract. Phillips v. Potter,[…]
Read moreDoe I v. Ciolli, 2009 U.S. Dist. LEXIS 37625 (D. Conn. Apr. 30, 2009) is the tale of two female law students from Connecticut attending Yale Law School, who are suing thirty-nine pseudonymous names on a post-graduate admissions website (AutoAdmit.com). The students identified Defendant Matthew Ryan as “:D” from Texas, who brought a motion to dismiss for lack of subject matter and personal jurisdiction. Ciolli, 1-2.
Read moreThe internet has made applying the traditional touchstones for personal jurisdiction challenging. Ever so slowly courts have addressed the personal jurisdiction questions in internet cases, to arrive at a point now where there may not be bright lines to guide us; but there are definitely guidelines emerging. U.S. District Court[…]
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