Knotty Issues of eDiscovery
In litigation alleging employment discrimination under Title VII of the Civil Rights Act of 1964, the Court decided evidentiary issues over email and a blog post. Jones v. Sansom (D.Conn. Nov. 10, 2023, No. 3:21-cv-00442 (VAB)) 2023 U.S.Dist.LEXIS 202170. The number of motions in limine sound like an epic miniseries[…]
Read moreHow do you authenticate “Read Receipt” auto-generated emails? Are the messages hearsay? This issue was raised by a Defendant who challenged “Read Receipt” emails generated by one of the Defendants after reading an email from the Plaintiff. The Court rejected the argument that the “Read Receipt” email was unauthenticated hearsay.[…]
Read moreSocial media being offered into evidence in any case will almost always have hearsay objections if the proffered evidence is a status update, comment, Tweet, or even video. The reason? Virtually everything on social media is a statement. Unless the social media is only a photo with no text, there[…]
Read moreIs a computer generated printout a statement according to the hearsay rules? California law says “no.” People v. Nazary, 2010 Cal. App. LEXIS 2207 (Cal. App. 4th Dist. Dec. 31, 2010) People v. Nazary is an appeal from an embezzlement conviction. Part of the evidence offered against the Defendant included[…]
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 moreThe Federal Rules of Civil Procedure are frequent superstars spotlighting requests and production of electronically stored information in case law. Whether or not such discovery is admissible is another story. Park W. Radiology & Park W. Circle Realty v. Carecore Nat’l Llc, 2009 U.S. Dist. LEXIS 110282 (S.D.N.Y. Nov. 19, 2009) is[…]
Read moreA Criminal Defendant maintained an online business that was a shame: Orders were made and money paid, but the items ordered were either not sent or non-conforming goods instead. This is all fun and games for the Defendant until an undercover FBI agent placed orders in a sting operation. The[…]
Read moreIn a trade secret case, the Defendants attempted to strike the Plaintiffs’ complaint pursuant to the California Anti-SLAPP statute. The Defendants failed to make a prima facie showing that the complaint arose from protected activity. World Fin. Group v. Hbw Ins. & Fin. Servs., 2009 Cal. App. LEXIS 553 (Cal.[…]
Read moreA “conspiracy” is an “agreement by two or more persons to commit an unlawful act.” Black’s Law Dictionary, Pocket Edition, 1996. Like a tango dance, a conspiracy takes a partner. However, the number of people in a conspiracy can quickly make it look like a square dance, with everyone needing to[…]
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The University of Kansas sued a sportswear company claiming violations of state and federal trademark laws through the unauthorized and unlicensed sale of the school’s apparel. Univ. of Kan. v. Sinks, 565 F. Supp. 2d 1216; 2008 U.S. Dist. LEXIS 23765 ( D. Kan., March 19, 2008 ). The Plaintiff[…]
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