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 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
e-Lawyering Axis Insurance Company v. American Specialty Insurance & Risk Services, Inc. (N.D. Ind. 2021) July 12, 2021 by Robertson Noreus Key Insight: Plaintiff’s Motion to Compel sought missing documents and communications from, and the correction of metadata “issues” from Defendant and its parent company (via third party subpoena), and sought an award of attorney’s fees and costs. The ... Read more » Breach of Contract CASE SUMMARIES Data Preservation Fees and Costs FRCP 26(b)(1) Scope in General (effective Dec. 1, 2015) FRCP 34(b) Procedure or Format FRCP 45 Third Party Subpoenas Liability Insurance Metadata Missing Documents Motion to Compel Other Federal Rule(s) of Civil Procedure and/or Evidence Rule: FRCP 26(f) Other Federal Rule(s) of Civil Procedure and/or Evidence Rule: FRCP 34(a) Other Federal Rule(s) of Civil Procedure and/or Evidence Rule: FRCP 37(c) Parent Company Privilege or Work Product Protections Proportionality
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 Mirmina v. Genpact LLC, No. 3:16-cv-00614-AWT (D. Conn. July 27, 2018) December 1, 2018 by eDiscovery Import Key Insight: whether counsel assumed responsibility for ensuring a comprehensive search was conducted Nature of Case: employment discrimination Read more » Adequacy of Search/Identification or Collection CASE SUMMARIES FRCP 26(b)(1) Scope in General (effective Dec. 1, 2015) Motion to Compel