e-Lawyering Oppenheimer v. Episcopal Communicators (Western District of North Carolina, 2020) August 14, 2020 by KLG PDF Import Key Insight: A non-moving party’s objections to discovery need to be more than boilerplate and must be specific Nature of Case: Copyright infringement (DMCA) Electronic Data Involved: Electronic documents generally Keywords: Copyright, DMCA, phot... Read more » CASE SUMMARIES Discoverability Scope, Including FRCP 26(b)(1) Scope (Prior to Dec. 1, 2015) Motion to Compel Proportionality
e-Lawyering Integrated Communications & Technologies v.Hewlett-Packard Financial Services Company (D. Mass. Aug. 13, 2020) August 13, 2020 by KLG PDF Import Key Insight: Spoliation had occurred, but no default judgment issued. Evidence regarding destruction was allowed, no testimony from plaintiffs regarding unpreserved ESI and adverse inference instruction. Nature of Case: Breach of Contract Electronic Da... Read more » CASE SUMMARIES Data Preservation FRCP 37(e) Preservation (effective Dec. 1, 2015) Motion for Sanctions Spoliation
e-Lawyering Tanner v. BD LaPlace, LLC, No. 2:17-cv-05141-MLCF-MBN (E.D. La. July 23, 2018) December 1, 2018 by eDiscovery Import Key Insight: Whether discovery of requested records is relevant and proportional, whether privilege as regards medical records is waived when a plaintiff puts his/her medical condition at issue Nature of Case: ADA disability discrimination Electronic D... Read more » CASE SUMMARIES FRCP 26(b)(1) Scope in General (effective Dec. 1, 2015) Motion to Compel
e-Lawyering Elliott-Thomas v. Smith, 154 Ohio St.3d 11, 2018-Ohio-1783 (2018). December 1, 2018 by eDiscovery Import Key Insight: Interference or concealment are not actionable under the tort Nature of Case: Wrongful termination (sex discrimination), intentional interference/destruction of evidence tort Read more » CASE SUMMARIES FRCP 37(e) Preservation (effective Dec. 1, 2015) Spoliation
e-Lawyering Linglong Americas Inc. v. Horizon Tire, Inc., et al., No. 1:15CV01240-DCN (N.D. Ohio Apr. 4, 2018) December 1, 2018 by eDiscovery Import Key Insight: Expenses responding to a subpoena also include fees spent on narrowing scope and litigation about the subpoena Nature of Case: Discovery dispute Read more » CASE SUMMARIES Cost Shifting FRCP 45 Third Party Subpoenas Third Party Discovery
e-Lawyering Homer v. Nationwide Mutual Insurance Company, No. 2-15-cv-01184 (3rd Cir. Feb. 27, 2018) December 1, 2018 by eDiscovery Import Key Insight: A discovery dispute itself is not necessarily bad faith Nature of Case: Insurance coverage litigation Read more » CASE SUMMARIES