Tagged with: defense production

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May 25th, 2018

Georgia Supreme Court Clarifies “Reasonably Foreseeable” Test for Duty to Preserve Evidence

May 23rd, 2018

Court Determines Timeliness of Defendant’s Spoliation Sanctions Motion

May 21st, 2018

Court in Pharmaceuticals Products Liability Case Grants in Part Plaintiff’s Motion to Compel Based on Relevancy

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    Posted on November 20th, 2013 by

    As electronically stored information (ESI) is now a standard part of the discovery process in most civil litigation, it is inexcusable to not issue proper ESI litigation holds and deliver the electronic data in a timely manner.  For a case demonstrating “severe shortcomings” for defendant’s ESI production, read the case Clay v. Consol Pennsylvania Coal …

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    Posted on October 4th, 2013 by

    In a concise order denying plaintiff’s “Motion to Enter ESI Order and Set the Deadline,” a district court enumerates a number of important procedural failures. There are but a few bare facts delineated in the interlocutory order in Smyth v. Merchants Credit Corporation, Case No. C11-1879RSI (W.D. Wash. September 10, 2013), but there are lessons …

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    Posted on July 22nd, 2013 by

    In an interim order by a magistrate judge dated June 28, 2013 in Kwasneiwski et al. v. Sanofi-Aventis US LLC, et al., 2:12-cv-00515-GMN-NJK (D. Nev. 2013), the defendants responded to plaintiff discovery requests by producing a large amount of documents and data that was not organized to match the requests. Plaintiffs objected to the format …

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    Posted on March 11th, 2013 by

    In the employment discrimination case Brown v. FPI Management, No. 4:11-cv-5414 YGR (N.D. Cal 2013), the court issued an order regarding a discovery dispute. The defendants objected to plaintiff electronic discovery requests seeking email communications between the defendant employer and third-parties employees about promotions within the company. The requests were pursuant to plaintiffs’ claim of …

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    Posted on February 4th, 2013 by

    In Peerless Industries, Inc. v. Crimson AV, LLC, (2013 WL 85378 (N.D.Ill.), an Illinois District court heard, and rejected, common defense excuses to evade a deposition and electronic data discovery obligations. Plaintiff brought a patent infringement lawsuit against defendant Crimson, which company is closely aligned with a non-defendant Chinese corporation, Sycamore. In a prior ruling in …

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