Knotty Issues of eDiscovery
In a case over text messages that allegedly violated of the Telephone Consumer Protection Act of 1991 (the “TCPA”), the Defendant sought the forensic examination of the Plaintiff’s cell phone because she deleted the text messages. Ramos v. Hopele of Fort Lauderdale, Ltd. Liab. Co., 2018 U.S. Dist. LEXIS 44327,[…]
Read moreA Defendant convicted of murder and attempted murder challenged the admission of three text messages at his trial. The Supreme Court of Arkansas found no error in admitting the text messages. The Stored Communication Act The Defendant challenged the admission of the text message content based on the Stored Communication[…]
Read moreGiven the number of iPhones sold, it is no surprise to see a case like People v. Schutter. The Defendant had left his iPhone in a locked convenient store bathroom. When the Defendant went back to the store to get the phone, the store clerk refused, because the clerk was[…]
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 moreIn a negligence case where a plaintiff was the victim of a car crash, the Defendant trucking company attempted to introduce out-of-time third-party custodian affidavits and witnesses on the last day of discovery. Boling v. Mohawk Indus., 2010 U.S. Dist. LEXIS 75674 (D.S.C. July 27, 2010). The Court denied the[…]
Read moreA wife was convicted of simple assault on her husband. Text messages were used in her conviction to show her state of mind. The Defendant appealed her conviction, claiming the text messages from her phone, the victim’s phone and a photo exhibit of a text message were improperly admitted on[…]
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 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,[…]
Read moreDiscussion of In re C. C., 2009 Cal. App. LEXIS 1715 (Cal. App. 3d Dist. Oct. 27, 2009) at the Paraben Forensic Innovation Conference. The case involved a bad high school break-up, where the teenage boy sent vulgar text messages venting anger to ex-girlfriend. The Juvenile Court took words from[…]
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