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 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
e-Lawyering Abedin v. Palominos Osorio (N.Y.A.D. Nov. 12, 2020) November 12, 2020 by Robertson Noreus Key Insight: The court granted defendant’s motion to compel the minor plaintiff to sign authorizations to obtain her social media information. “[D]efendant demonstrated that records from [plaintiff’s] Facebook, Snapchat, and Instagram accounts were ‘re... Read more » CASE SUMMARIES Emotional Distress Damages Facebook Instagram Motion to Compel Relevance Snapchat Social Media State Rule(s) of Civil Procedure and/or Evidence Rule: CPLR 3101(a)
e-Lawyering Abedin v. Palominos Osorio (N.Y.A.D. Nov. 12, 2020) November 12, 2020 by Robertson Noreus Key Insight: The court granted defendant’s motion to compel the minor plaintiff to sign authorizations to obtain her social media information. “[D]efendant demonstrated that records from [plaintiff’s] Facebook, Snapchat, and Instagram accounts were ‘re... Read more » CASE SUMMARIES Emotional Distress Damages Facebook Instagram Motion to Compel Relevance Snapchat Social Media State Rule(s) of Civil Procedure and/or Evidence Rule: CPLR 3101(a)