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Latest Trends and eDiscovery Case Law

Posted on May 25th, 2018 by ilsteam

In Cooper Tire & Rubber Co. v. Koch et al., No. S17G0624 (Ga. March 15, 2018), the Supreme Court of Georgia granted writ to determine whether the Court of Appeals properly interpreted the law regarding the duty to preserve evidence. This case arose from an accident involving Plaintiff Renee Koch’s (“Koch”) husband, Gerald was driving …

Posted on May 23rd, 2018 by ilsteam

In Travelers Prop. Cas. Ins. Co. of America v. Mountaineer Gas Co., No. 2:15-cv-0959 (S.D. West Virginia March 16, 2018), the Court is requested to consider a spoliation sanctions motion filed in a litigation arising from a boiler explosion at a medical center.  The explosion led to a lawsuit between the insurance carrier and the …

Posted on May 21st, 2018 by ilsteam

In Ideus v. Teva Pharmaceuticals USA, Inc., No. 4:16CV3086, (D. Nebraska May 6, 2018), Stephanie Ideus (“Plaintiff”) filed a motion to compel production of documents. Plaintiff filed a lawsuit against Teva Pharmaceuticals USA, Inc. (“Defendant”) alleging she experienced complications during and after removal of ParaGard T-380 (” ParaGuard”), an intrauterine copper contraceptive device (“IUD”) manufactured …

Posted on May 18th, 2018 by ilsteam

In Davis v. Electronic Arts, Inc., No. 10-cv-03328-RS-DMR, (N.D. California, April 3, 2018), the United States District Court Northern Division California determined Plaintiffs had failed to comply with Court’s discovery order in a timely fashion. Plaintiffs Michael Davis, Vince Ferragamo, and Billy DuPree, et al. (“Plaintiffs”), sued Electronic Arts, Inc. (“EA”) for misappropriating their images …

Posted on May 16th, 2018 by ilsteam

In Howard v. Bosch Thermotechnology Corp., Dist. Court (ED Missouri, Feb. 26, 2018), the United States District Court for the Eastern Division in Missouri determined the Plaintiff’s demolition of their burned house was not tantamount to intentional destruction of evidence. The Howards’ house burned to the ground in November 2013. In this products liability action, …

Posted on May 14th, 2018 by ilsteam

In Shenwick v. Twitter, Inc., No. 16-cv-05314-IST, (N.D. California, Feb. 7, 2018), a securities class action filed on behalf of certain persons who bought or acquired common stock of Twitter, Inc. (“Twitter”) in 2015, the magistrate judge resolved several ESI-related discovery disputes. First, the parties disagreed regarding the scope of custodians. The parties agreed that …