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 Aviles v. S&P Global, Inc. (S.D.N.Y. 2021) May 24, 2021 by Robertson Noreus Key Insight: Plaintiffs filed a Motion to Compel to allow them unfettered access to all information located on a server. Defendant objected, claiming that Plaintiffs had no legal right to the server, and information on the server was irrelevant, confid... Read more » CASE SUMMARIES Data Preservation Diversity Jurisdiction Fraud FRCP 26(b)(1) Scope Defined by Relevance and Proportionality (effective Dec. 1 Motion to Compel Other Federal Rule(s) of Civil Procedure and/or Evidence Rule: FRCP 34(a) Privilege or Work Product Protections Proportionality Relevance Server Shareholder Suit