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ESI

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 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 …

Posted on May 11th, 2018 by ilsteam

In Klipsch Grp., Inc. v. ePRO E-Commerce Ltd., Nos. 16-3637-cv, 16-3726-cv (2d Cir. Jan. 25, 2018), the Second Circuit found no error in the lower court’s imposition of a multi-million sanction for discovery misconduct. While defending against claims it sold counterfeit products, ePRO E-Commerce Limited (“Defendant”) engaged in persistent discovery misconduct. It did not disclose …

Posted on May 4th, 2018 by ilsteam

In O’Toole v. Acosta, No. 14-cv-2467, (N.D. Illinois, 2018), Plaintiff Thomas O’Toole sued his former employer, the Department of Labor (“DOL”), for alleged spoliation of evidence under the Federal Tort Claims Act (“FTCA”). Defendant moved for summary judgment. Plaintiff worked for DOL’s Bureau of Labor Statistics (“BLS”) as a statistician from February 2012 to August …

Posted on May 2nd, 2018 by ilsteam

In Keathley v. Grange Insurance Company of Michigan, No. 15-cv-11888, (E.D. Mich. 2018), the United States District Court E.D. Michigan, Southern Division considers the Plaintiff’s motion for spoliation sanctions.  Plaintiff Timika Keathley submitted an insurance loss claim under Defendant Grange Insurance Company of Michigan’s policy, for a loss she alleges arose from water damage to her …