Knotty Issues of eDiscovery
In 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 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 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[…]
Read moreA service provider for router and network systems sued Cisco for Sherman Antitrust act violations. Cisco in turn sued for copyright and other violations. Multiven, Inc. v. Cisco Sys., 2010 U.S. Dist. LEXIS 71221 (N.D. Cal. July 9, 2010). Cisco propounded two discovery requests on the Plaintiff. The Producing Party claimed[…]
Read more1987 was an important year: Baby Jessica was saved from a well; Robert Bork was denied a seat on the Supreme Court; and Teenagers across the world played air guitar to Whitesnake’s immortal “Here I Go Again.” It is also the year the Plaintiffs wanted to restore back-up tapes[…]
Read moreR.F.M.A.S., Inc. v. So is the story of a copyright infringement and trade dress suit over jewelry designs. The extensive opinion covers everything from spoliation to discovery requests. A small section of the opinion addresses requesting the metadata of photos. R.F.M.A.S., Inc. v. So, 2010 U.S. Dist. LEXIS 83247 (S.D.N.Y.[…]
Read moreA HR professional emailed to his home computer the personnel files of 68 employees when he feared layoffs were coming. That is only the beginning of a really ugly fact pattern. The data included past and current employee names, social security numbers, date of births, compensation, and addresses. The former employer[…]
Read moreIn a form of production battle, the producing party claimed they were denied the opportunity to object to the form of production, because the requesting party did not state a form of production. The Court did not need to use Pi to solve this circular argument. Procedural Circles After a motion[…]
Read moreIn a reverse confusion trademark infringement case, the Plaintiff made software named CakeBoss. The Plaintiff had a website with the same name and registered their trademark. Masters Software, Inc. v. Discovery Communs., Inc., 2010 U.S. Dist. LEXIS 79584, at *1-3 (W.D. Wash. July 16, 2010). Tasting the Difference The Discovery[…]
Read more