Tag: ediscovery

  • Avoid eDiscovery Conflicts: Hire a Vendor that Only Supports the Plaintiff’s Bar

    15 May 2015

    Whether eDiscovery vendors and consultants are “experts” for purposes of conflict of interest analyses can be a complicated question, as the plaintiff learned in Gordon v. Kaleida Health, et al., No. 08-CV-378S(F) (W.D.N.Y. May 21, 2013). There, Plaintiff’s eDiscovery vendor, D4, scanned and coded approximately 400,000 emails at a cost of $50,000.

  • ESI Disputes Continue In Lawsuit Alleging $350 Million in Damages

    13 May 2015

    The ESI disputes that have plagued the parties and the court in Procaps v. Patheon Inc., Case No. 12-24356-CIV-GOODMAN (S.D.Fla. April 24, 2015) continued last month when Plaintiff Procaps refused to allow Defendant Patheon to depose its court-ordered computer forensics expert.  (Check out ILS’s previous articles here and here discussing Procaps’ failure to

  • Court Disagrees With Defendants’ Apocalyptic Picture of Plaintiff ESI Requests

    11 May 2015

    In a colorful and humorous court option, the District Court of Connecticut considered Defendant’s motion for protective order regarding Plaintiff ESI requests in Bagley v. Yale University, Civil Action No. 3:13-CV-1890(CSH) (D.Conn. April 27, 2015). Plaintiff, a former professor at Yale, alleged wrongful termination. Plaintiff had named 24 individual custodians and designated 23

  • WA Appellate Court Affirms “Death Penalty” Sanctions For eDiscovery Violations

    8 May 2015

    The Washington Court of Appeals considered whether a trial court violated Defendant’s due process rights when it entered a default judgment following Defendant’s willful and repeated violations of discovery orders in Crews v. Avco Corp., No. 707-56-6-1 (Wash. Ct. App. March 6, 2015). The underlying case arose from airplane crash. Plaintiff

  • Court Finds Defendant BOA’s Arguments Against Producing ESI Meritless

    6 May 2015

    In Jones et al. v. Bank of America, N.A., Case No. 3:14-cv-11531 (S.D.W.Va. April 21, 2015), the Southern District of West Virginia considered Defendant Bank of America’s objections to producing ESI for Plaintiff mortgage borrowers’ document requests. Plaintiffs requested production of ESI and a number of documents, including but not limited

  • Court Declines to Order Reproduction of Archived But Unusable Data

    4 May 2015

    In Good, et al., v. American Water Works Company, Inc. et al., Civil Action No. 2:14-1374 (S.D. W.Va. April 17, 2015), the Southern District of West Virginia considered whether to compel a defendant to reproduce archived data responsive to plaintiff eDiscovery requests. Defendant produced archived data but plaintiff argued that the

  • Defendant Must Provide Compelling Reason to Sustain Native Format Objection in eDiscovery

    11 Dec 2013

    In Saliga v. Chemtura Corporation, No. 3:12cv832 (RNC) (Dist. Court, D. Connecticut Nov. 25, 2013), plaintiff Saliga brought suit against defendant Chemtura, alleging racial, gender and religious discrimination by her former employer. Every effort by the parties to agree on an electronic document production structure in Rule 26(f) conferences failed,

  • When Electronic Documents are Fewer than Expected, Defendants must Explain Why or Produce More

    9 Dec 2013

    In American Home Assurance et al. v. Greater Omaha Packing Company Inc., No. 8:11CV270 (Dist. Court, D. Nebraska Sept. 11, 2013), plaintiffs Cargill and American Home Assurance alleged defendant GOPAC supplied E. coli-tainted beef that sickened dozens of people in 2007. Mired in discovery for more than a year, plaintiff

  • Court Weighs Proportionality in Apple v. Samsung eDiscovery Disputes

    9 Sep 2013

    Electronic discovery disputes continue in the patent lawsuit Apple v. Samsung, 2013 WL 442365412 (N.D.Cal. August 14, 2013). The last discovery order concerning ESI was in April 2013, when the court ordered Apple to produce certain electronic data to Samsung to calculate damages. Apple did produce the financial data, but

  • eDiscovery Question: Is Negligent Destruction of “Irrelevant” Evidence Spoliation?

    28 Jun 2013

    Our last blog reviewed the facts in the case Cottle-Banks v. Cox Communications, 2013 WL 2244333 (S.D.Cal 2013) regarding the issue of automatic destruction of electronic data from audio tapes. Plaintiffs sought spoliation sanctions for recordings not saved after the case was filed on September 13, 2010, as defendant only