Court Finds 2,300 Page Privilege Log Unreasonable
In United States v. State & La. Dep’t of Health & Hospitals, Case No. 11-470 (July 31, 2015), Defendant provided Plaintiff with a nearly 3,000 page privilege log, prompting Plaintiff to file a...
View ArticleAntitrust Case Faces Discovery Issues Regarding New FRCP Amendments
Kissing Camels Surgery Center, LLC et. al. v. Centura Health Corporation, et. al., Case No. 12-03012 (D. Colo., Jan. 22, 2016) may be one of the first cases this year facing discovery issues...
View ArticleSouthern District of California Applies Amended FRCP to Sanctions Order and...
The Southern District of California has vacated a sanctions order based upon the recent amendments to the FRCP. In Nuvasive, Inc. v. Madsen Medical, Inc. et. al., Case No. 13-2077 (S.D. Cal., Jan. 26,...
View ArticleCourt Denies Spoliation Sanctions for Loss of ESI Discarded Prior to Duty to...
In Marten Transport, Ltd. V. Plattform Advertising, Inc., Case No. 14-02464 (D. Kansas, Feb. 8, 2016), Plaintiff sued Defendant under the Lanham Act for alleged trademark infringement related to...
View ArticleSpoliation Sanctions Against Plaintiff Limited to Attorney Fees
In Best Payphones, Inc. v. City of New York, et. al., Consolidated Case Nos. 1-3924, 1-8506, 3-0192 (E.D. N.Y., Feb. 26. 2016), Plaintiff sued Defendants alleging violation of Plaintiff’s...
View ArticleCourt Declines to Compel Plaintiff to Recategorize CD-ROM Files Under FRCP 34(b)
In Sky Medical Supply, Inc. v. SCS Support Claim Services, Inc. et. al., Case No. 12-6383 (E.D. N.Y., Sept. 7, 2016), Plaintiff sued Defendants under the Federal Racketeering Influenced and Corrupt...
View ArticleSanctions Awarded against Defendant for Deleted Text Messages and Failure to...
In First Financial Security, Inc. v. Freedom Equity Group, LLC, Case NO. 15-1893 (N.D. Cali., Oct. 7, 2016), Plaintiff sued Defendant for intentional interference with contractual relationships and...
View ArticleCourt Compels Defendant Employer to Produce Computers for Forensic Examination
In Davis v. Crescent Electric Company et. al., Case No. 12-5008 (D. S.D., Oct. 12, 2016), Plaintiff sued Defendants for discrimination, alleging that they discriminated against her because she was a...
View ArticleClass Action Plaintiffs Granted Spoliation Award After Obtaining $41 Million...
In Rodman v. Safeway, Inc., Case No. 11-cv-03003-JST (N.D.Cal. October 6, 2016), the grocery store Safeway was sued in a class action lawsuit by customers who were being charged higher prices online...
View ArticleNo Spoliation in Puerto Rico Age Discrimination Case Where No Intent to...
In Luz Gonzalez-Bermudez v. Abbott Laboratories PR Inc., et. al., Case No. 14-1620 (D. P.R., Oct. 9, 2016), Plaintiff sued her former employer, Abbott, and her supervisor, Perez, for age discrimination...
View ArticleSummary Judgment Found in Favor of Department of Justice Against Plaintiff...
In Jeffries v. Lynch, Case No. 15-01007 (District of Columbia, Nov. 15, 2016), Plaintiff, a black male employed by the Department of Justice, sued Defendant, the U.S. Attorney General, in her official...
View ArticleU.S. Postal Service Sanctioned for Discovery Violations Against Former Employee
In Adcox v. U.S. Postal Service, Case No. 15-9258 (D. Kansas, Nov. 22, 2016), Plaintiff, a rural mail carrier, sued Defendant for gender discrimination, harassment, retaliation and hostile work...
View ArticlePlaintiffs Ordered to Produce Documentation Relating to Trucking Accident...
Nkansah et. al. v. Martinez et. al., Case No. 15-646 (M.D. La., Nov. 7, 2016) is a lawsuit stemming from a trucking accident in which Plaintiffs alleged personal injury and mental anguish of Plaintiff...
View ArticleDistrict of Columbia, Other Defendants Sanctioned for Failure to Disclose...
Smith v. District of Columbia, et. al., Case No. 15-161 (District of Columbia, Dec. 6, 2016) is a civil rights case brought by Plaintiff against the District and its Department of Corrections, as well...
View ArticleUPS Successfully Argues High Burden to Reduce Discovery Demand in Billing...
In Solo et. al. v. United Parcel Service Co., Case No. 14-12719 (E.D. Mich., Jan. 10, 2017), Plaintiffs allege that Defendant UPS breached its shipping contracts by overcharging for shipments with a...
View ArticleLaw Firm Defendant Sanctioned for Negligent Destruction of ESI
In DiStefano v. Katsos et. al., Case No. 11-2893 (E.D. N.Y., May 10, 2017), Plaintiff business owners hired Defendant lawyer Katsos to advise them regarding their financial difficulties, including how...
View ArticleDefendant Must Produce ESI Not In Its Physical Custody But Under Its Control,...
In First American Bankcard, Inc. v. Smart Business Technology, Inc., et. al., Case No. 15-638 (E.D. La., May 24, 2017), Plaintiff sued Defendants for damages it allegedly incurred as a result of...
View ArticleNo Spoliation Found where Google Chrome Web History Automatically Deleted...
Eshelman v. Puma Biotechnology, Inc., Case No. 16-00018 (E.D. N.C., June 7, 2017) is a libel suit related to an allegedly defamatory investor presentation. Plaintiff was an investor in Defendant, a...
View ArticleNo New Trial Despite Evidence of Potential Email Spoliation in FLSA Case
In Fair Labor Standards Act (FLSA) case Jenkins v. Anton et. al., Case No. 15-00283 (M.D. Fl., June 8, 2017), the court entered judgment in favor of Defendants, finding that Plaintiff had not proved...
View ArticleCourt Denies Motion to Compel by Employment Plaintiff Subject to Discovery...
In Mirmina v. Genpact, LLC, Case No. 16-00614 (D. Conn., June 13, 2017), an employment law case involving, age, gender and race discrimination, and retaliation under Title VII, the ADEA, and the...
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