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Plaintiff eDiscovery Uncovering Damaging Evidence in Papa John’s Class Action
The class action litigation in the U.S. District Court in Seattle against defendant Papa John’s has now entered the discovery phase. Plaintiffs are consumers who allege the pizza maker and franchisor of over 4,000 restaurants violated the Telephone Consumer Protection Act (TCPA). The class was certified last Friday, and plaintiff trial
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What Are Defendants Hiding in NuvaRing Multidistrict Litigation?
Multidistrict litigation differs from class action lawsuits in that each plaintiff pursues individual lawsuits, but the discovery and pretrial phases are consolidated for purposes of judicial economy. In Re: NuvaRing Products Liability Litigation, No. 08-md-1964, (E.D.Mo.) is an ongoing federal MDL case against pharmaceutical manufacturers Merck, Schering-Plough and Organon. (Another
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Plaintiff eDiscovery Requests Reveal Damaging Email Threads in Facebook Lawsuit
Facebook has been embroiled in litigation for over two years regarding the validity of some of its users’ “clicks” on its pay-per-click advertising. Plaintiffs in the suit are Facebook advertisers who pay the company every time an internet user clicks on their ads. The plaintiffs sought class action certification and alleged
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Will Leaked Michael Jackson Email Threads Affect the Plaintiff Class Action Lawsuit?
A class action lawsuit by singer Michael Jackson’s former assistants and employees has been filed against concert promoter AEG Live in Los Angeles for over $7 million relating to unpaid wages. The lawsuit alleges the plaintiffs suffered a financial loss and were not paid wages arising from AEG’s knowledge of the singer’s
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Revealed eDiscovery Email Chains Score Points in NCAA Class Action
In the class action lawsuit filed by former NCAA player Ed O’Bannon and joined by 15 other former football and basketball players, plaintiffs allege that their images and likenesses were illegally used by defendants NCAA and Electronic Art Sports for commercial products. As part of discovery, plaintiffs sought and obtained email threads
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“Commonality” in NCAA Class Action Certification After Wal-Mart v. Dukes
The U.S. Supreme Court delivered a blow to class action certification last year in the case Wal-mart v. Dukes, 131 S. Ct. 2541 (2011). The case set a precedent that may affect the ongoing NCAA lawsuit brought by players seeking compensation for use of their names, images and likenesses. In
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NCAA Seeks to Deny Class Action Certification…Based on eDiscovery?
http://www.youtube.com/watch?v=Y77cUTWKvEU Sixteen college athletes sued the NCAA and two other defendants in 2009 in the U.S. district court for the District of Northern California, alleging the defendants violated anti-trust laws by conspiring to fix players’ compensation at zero while at the same time using and profiting from the players’ names, images
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Plaintiffs in Class Action Lawsuit Allege Nissan “Leaf” Much to be Desired
Japanese car manufacturer Nissan is defending allegations of unfair consumer and business practices, breach of implied warranty and negligent misrepresentations by plaintiffs in Klee v. Nissan, Case No. CV-1208238DDP (PJWx), filed September 24, 2012 in the federal district court for the Central District of California. Brought on behalf of a
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Court Takes Step Back from Overbroad Social Media eDiscovery Requests in Favor of Plaintiff
In Mailhoit v. Home Depot U.S.A., 2012 WL 3939063 (C.D. Cal.), plaintiff filed an employment discrimination against the home improvement store, alleging to have suffered from post-traumatic stress disorder, depression and isolation due to the defendant’s wrongdoing. Defendant Home Depot argued that plaintiff’s postings on social networking sites (“SNS”) were likely
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California District Court Denies Defendant Google’s Request for eDiscovery Costs
In Oracle America v. Google, No C 10-03561 (N.D.C.A. September 4, 2012), a California district court recently considered defendant Google’s request to shift costs related to its ediscovery vendor. In the case, Oracle alleged 132 patent infringement claims on seven separate patents, but lost each one. Oracle only prevailed on