Knotty Issues of eDiscovery
Discussion 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[…]
Read moreDiscovery games were taking place in a gaming case in Mississippi. The Plaintiffs brought a motion to strike and a motion for sanctions for discovery misconduct in responding to requests for electronically stored information. Maggette v. BL Dev. Corp., 2009 U.S. Dist. LEXIS 116789 (N.D. Miss. Nov. 24, 2009). The[…]
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Magistrate Judge Facciola addressed Federal Rule of Evidence Rule 502(b) with the inadvertent disclosure of a memorandum protected by the work product doctrine, in a case involving an officer with the DC Department of Corrections. Amobi v. D.C. Dep’t of Corr., 2009 U.S. Dist. LEXIS 114270, 20-21 (D.D.C. Dec. 8, 2009). […]
Read moreThere is no shortage of people utilizing technology to facilitate illicit or questionable actions. Below are two recent examples. Price Fixing Conspiracy In In re Static Random Access Memory Antitrust Litigation, the Plaintiffs alleged the Defendants engaged in a ten year conspiracy to fix and maintain artificially high prices for Static[…]
Read moreA barista was fired from Starbucks for “inappropriate conduct and threatening violence to Starbucks and its employees.” Mai-Trang Thi Nguyen v. Starbucks Coffee Corp., 2009 U.S. Dist. LEXIS 113461 (N.D. Cal. Dec. 7, 2009). The Plaintiff in turn sued for sexual harassment, retaliation, religious discrimination, violations of the California Occupational Safety[…]
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 moreIn Cenveo Corp. v. Southern Graphic Sys., 2009 U.S. Dist. LEXIS 108623 (D. Minn. Nov. 18, 2009), the Defendant propounded the following discovery request: “Defendant requests that these documents be produced in native format with all attachments in native format.” Cenveo Corp., at *2. The Plaintiff produced all electronically stored information[…]
Read moreIn the spirit of holiday travel, the Plaintiffs in Park v. Korean Air Lines Co., 2009 U.S. Dist. LEXIS 107647 (C.D. Cal. Nov. 18, 2009) brought a motion to compel discovery regarding tickets purchased in South Korea to show price fixing. As quickly as you can say “What’s your clearance,[…]
Read moreSoutheastern Mechanical Services, Inc., v Brody, et al., is the story of how wiping the data off your BlackBerry can result with the Court having you drawn and quartered. Not with horses, but with adverse inference instructions. In a trade secret case where Individual Defendants left the Plaintiff’s company and[…]
Read moreSocial networking litigation will be written by the end users of those websites. In Bass v Miss Porter’s School, the Defendant school sought from the Plaintiff discovery of her alleged teasing and taunting on Facebook. Bass v. Miss Porter’s Sch., 2009 U.S. Dist. LEXIS 99916 (D. Conn. Oct. 27, 2009).[…]
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