Knotty Issues of eDiscovery
Court orders are not known for giving out gold stars for handling electronic discovery. If there is a court order, it is usually because of a dispute. There is a big exception to this maxim: Electronic Discovery Case Management Orders. The parties in MSR Tr. v. Nationstar Mortg., filed a[…]
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Records management can be extremely complex. So can the preservation of evidence and responding to discovery requests. In a case involving Fair Credit Report Act claims, Equifax objected to discovery requests for consumer dispute information. The Producing Party claimed that the requested information was not in a “readily accessible format,[…]
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Social media is just another form of electronically stored information. Attorneys are getting very good at making proportional requests for relevant social media in a lawsuit. Judges also know how to rein in overly broad social media requests for production. In a case with allegations that a tractor trailer negligently[…]
Read moreThe Plaintiffs and Defendants in a SEC case highlight the importance of proportionality between asymmetrical parties. In such cases, one side has all of the electronically stored information for discovery requests; the other side does all the requesting. However, the smaller party can have an extremely high burden reviewing any[…]
Read moreProportionality and costs are not a great argument when you are complaining about your own databases. Webb v. Ethicon Endo-Surgery, Inc., is a product liability case over a surgical stapler that misfired during a surgery, resulting in complications to the Plaintiff’s recovery. Webb v. Ethicon Endo-Surgery, Inc., 2015 U.S. Dist. LEXIS[…]
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