Knotty Issues of eDiscovery
Legend says in 2005, litigation began over cell phone towers and “monopoles.” Discovery was extensive. Summary judgment motions were lost and won. Time had past. And then, what was lost was then found. When You Find the Ark of the e-Discovery Covenant A custodian’s computer was found in September 2008[…]
Read moreEvents can be announced on a social networking site with a few clicks of a keyboard. What happens when people attending an event announced on a social networking site get attacked by other event attendees? In Melton v. Boustred, the Defendant announced on MySpace he would hold a party at[…]
Read moreSeger v. Ernest-Spencer Metals is the story of an industrial accident where the Plaintiff suffered serious bodily injury. In the ensuing discovery battle, the Producing Party claimed the electronically stored information was from sources that were not reasonably accessible due to undue burden. Seger v. Ernest-Spencer Metals, 2010 U.S. Dist. LEXIS[…]
Read moreA Defendant in a gang related murder and assault case sought to introduce evidence of the victim’s sister’s MySpace page to show the victim’s violent nature toward a rival gang; a propensity for violence; and that the victim started the fight that ended in his death. People v. Williams, 2010 Cal. App.[…]
Read moreIn the race to develop a web “tablet,” former business partners Interserve, Inc. dba TechCrunch and CrunchPad, Inc. and Fusion Garage PTE, Ltd., duel over whether to expedite discovery. Interserve, Inc. v. Fusion Garage PTE, Ltd., 2010 U.S. Dist. LEXIS 6395 (N.D. Cal. Jan. 7, 2010). Prior to the litigation,[…]
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The Plaintiffs in Mack v. HH Gregg, Inc. sued the Defendants for breach of contract over the alleged failed installation of dryers. The parties agreed the Defendants would produce a “summary of its dryer installation invoices that would include the state of the sale, date of purchase, amount paid for delivery[…]
Read moreA man was prohibited from owning fire arms and appealed the decision. The road leading up to the gun ban started on November 2, 2008…after fighting and texting with his girlfriend. People v. Akers, 2010 Cal. App. Unpub. LEXIS 102 (Cal. App. 4th Dist. Jan. 7, 2010). The Petitioner, while drinking and[…]
Read more“In the court’s experience, scanned PDFs, as opposed to electronically-produced PDFs, are not reasonably usable.” Magistrate Judge Paul M. Warner In Accessdata Corp. v. Alste Techs. Gmbh, 2010 U.S. Dist. LEXIS 4566 (D. Utah Jan. 21, 2010), a United States based company that produces forensic software used in e-Discovery, entered into a contract with[…]
Read moreIn Hartung v J.D. Byrider of Chandler, et al., 2009 U.S. Dist. Lexis 54415 (2009), the Plaintiff got behind on car payments. As one would expect, a collection agency became involved. As one would not expect, the representative from the Collection agency called T-Mobile, claimed he was Plaintiff’s father and[…]
Read moreA police officer stopped a car driving with a flat tire, cracked windshield and its bright lights on. People v. Gorostiza, 2009 Cal. App. Unpub. Lexis 9494 at *1. The passengers might have been hoping, “There is nothing to see here.” After stopping the car with the Defendant and two passengers,[…]
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