e-Lawyering Aminov v. Berkshire Hathaway Guard Insurance Companies (E.D.N.Y. 2022) March 3, 2022 by Robertson Noreus Key Insight: Defendant moved to compel plaintiff to produce for forensic examination the cell phone that recorded videos produced by Plaintiff. The court denied the motion, noting there must be good cause to order forensic examination when a party has ... Read more » CASE SUMMARIES Forensic Examination FRCP 34(b) Procedure or Format Metadata Motion to Compel
e-Lawyering Emerson Creek Pottery v. Emerson Creek Events (W.D. Va. 2022) February 18, 2022 by Robertson Noreus Key Insight: Plaintiff moved for spoliation sanctions against defendants relying on (1) an inadvertently disclosed email between defendant and his counsel discussing the preservation of emails, and (2) defendants did not produce a “mirror image&#... Read more » Adverse Inference CASE SUMMARIES FRCP 37(e) ESI Spoliation Sanctions (effective Dec. 1 Motion for Sanctions Spoliation
e-Lawyering Arconic Corp. v. Novelis Inc. (W.D. Pa. 2022) February 10, 2022 by Robertson Noreus Key Insight: The court denied plaintiff’s motion for recusal based on metadata in the court’s orders that suggested that the special master was the author of some of the court’s opinions in the case. Plaintiff claimed the author field... Read more » CASE SUMMARIES Metadata Recusal Uncategorized
e-Lawyering Consultus, LLC v. CPC Commodities (W.D. Mo. 2022) February 4, 2022 by Robertson Noreus Key Insight: Plaintiffs argue that defendants’ claims of privilege should be overruled due to the crime-fraud exception. Defendants withheld emails claiming work product and attorney-client privilege. Plaintiffs have not argued that the emails ar... Read more » CASE SUMMARIES Crime-Fraud Exception FRCP 26(b)(1) Scope in General (effective Dec. 1, 2015) Motion to Compel Privilege Log Privilege or Work Product Protections
e-Lawyering Axis Ins. Co. v. American Specialty Ins. & Risk Servs., Inc. (December 2021) December 6, 2021 by Robertson Noreus Key Insight: The court affirmed the Magistrate’s order granting (in part) plaintiff’s motion to compel discovery to produce documents, to correct metadata issues and to pay expenses plaintiff incurred in pursuing the motion to compel. Defen... Read more » CASE SUMMARIES Fee Award FRCP 37(a)(5)(A) Motion to Compel
e-Lawyering America West Bank Members v. State of Utah (D. Utah 2021) November 10, 2021 by Robertson Noreus Key Insight: Plaintiff filed a motion to compel after learning through the discovery process that defendants purged or lost emails and documents. Plaintiff sought “discovery on discovery” to discern the identities of individuals whose emails would have... Read more » CASE SUMMARIES Data Preservation Discovery on Discovery FRCP 26(b)(1) Scope in General (effective Dec. 1, 2015) FRCP 37(e) Preservation (effective Dec. 1, 2015) Lost Documents Motion to Compel Policy on Routine Records Management and Retention Proportionality Relevance Spoliation