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 Commonwealth v. Jones, SJC-12564 (Mass. Mar. 6, 2019) December 17, 2021 by KLG PDF Import Key Insight: Whether compelling the defendant to enter his cell phone password would violate his privilege against self incrimination under 5th Amendment and art. 12 of Mass Declaration of Rights Nature of Case: Trafficking a person for sexual servitud... Read more » CASE SUMMARIES Data Privacy Motion to Compel Other Federal Rule(s) of Civil Procedure and/or Evidence State Rule(s)of Civil Procedure and/or Evidence
e-Lawyering D.M. v. Wesley Med. Ctr. LLC (D. Kan, 2019) December 17, 2021 by KLG PDF Import Key Insight: Privileged docs based on only state law must be produced in a case with both federal and state claims Nature of Case: Medical malpractice Electronic Data Involved: Responsive documents Keywords: Privilege, state law Identified State Rule(s... Read more » CASE SUMMARIES Discoverability Scope, Including FRCP 26(b)(1) Scope (Prior to Dec. 1, 2015) Motion to Compel Privilege or Work Product Protections