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Latest Trends and eDiscovery Case Law

Posted on July 19th, 2018 by ilsteam

In Blank v. TOMORROW, PCS, L.L.C., Civ. A. No. 16-11092, (E.D. La. June 27, 2018), the United States District Court for the Eastern District of Louisiana denied Plaintiff’s Motion for Sanctions for Spoliation of Evidence, holding that Plaintiff failed to demonstrate that Defendant Telecom acted with a culpable mind relating to deleted relevant emails. The …

Posted on July 6th, 2018 by ilsteam

In Ortiz v. Amazon.com LLC, et al, No. 17-cv-03820-JSW (MEJ) (N.D. Cal. May 25, 2018), a California magistrate court ordered the plaintiff to give the defendant, Golden State, his cell phone account holder’s name and address in order for the defendant to subpoena the cell phone records. The plaintiff had failed to provide court-ordered cell …

Posted on July 4th, 2018 by ilsteam

Qui tam lawsuit Proctor v. Safeway, Inc. will soon be underway once more. This after the defendant dragged its feet producing requested documents for over a year. However, those documents proved problematic, drawing a motion from the plaintiff and rebuke from the court. Proctor alleged that the defendant was fraudulently driving up the prices to …

Posted on July 2nd, 2018 by ilsteam

In the consolidated cases of Fish v. Kobach and Bednasek v. Kobach, the plaintiffs challenged Kansas’ documentary proof-of-citizenship law. Based on the grounds that the law had prevented more than 35,000 Kansans from registering to vote, the plaintiff sought a court order requiring the state to register thousands who tried to register at the state’s …

Posted on June 29th, 2018 by ilsteam

In Singer Oil Co. v. Newfield Exploration (Case No. Civ-16-768-M.) (United States District Court, W.D. Oklahoma, June 7, 2018), an Oklahoma District Judge imposed sanctions on the Plaintiff after a verdict for failing to disclose communications its counsel had with third parties. Defendant discovered the communications while reviewing Plaintiff’s counsel’s time records. In late 2016, …

Posted on June 27th, 2018 by ilsteam

In Mizzoni v. Allison (Case No. 3-15-cv-00313-MMD-VPC.) (United States District Court, D. Nevada. May 14, 2018) the United States District Court for the District of Nevada decided on the Plaintiff’s motion for spoliation sanctions against the Defendant. Joseph Mizzoni, the Plaintiff, is an inmate in the custody of the Nevada Department of Corrections. Multiple Nevada …