Knotty Issues of eDiscovery
In an action initiated by an insurance company, the Defendant sought various discovery from the Plaintiff. Am. Gen. Life Ins. Co. v. Billard, 2010 U.S. Dist. LEXIS 138570 (N.D. Iowa Dec. 29, 2010). Two issues pertained to the production of litigation hold letters and forensically imaging hard drives. Litigation Hold Letters The[…]
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 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 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 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.[…]
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,[…]
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