Tagged with: electronic discovery

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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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    • Latest Trends and eDiscovery Case Law Newsletters
    • Strategic eCertainty

    Posted on October 30th, 2013 by

    In the case Lester v. Allied Concrete, Case No. CL08-150(Cir.Ct. City of Charleston, VA), the trial court awarded plaintiff Lester $2,350,000 for personal injuries and $6,227,000 for the death of his wife. Defendants then filed motions for sanctions for spoliation of evidence against Lester and his attorney, Murray, based upon allegations that before the trial began, …

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    • eDiscovery

    • Electronic Discovery

    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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    • eDiscovery

    • Electronic Discovery

    • Latest Trends and eDiscovery Case Law

    Posted on September 6th, 2013 by

    Federal Deposit Insurance Corporation v. Brudnicki, Case No. 5:12-cv-00398-RS-GRJ (N.D.Fl. 2013) is a case regarding the FDIC, as receiver for the now-defunct People’s First Community Bank, suing defendants, People’s former directors.  Several electronic discovery disputes were pending before the district court in this case, including one regarding the proposed plaintiff ESI Protocol Order. The defendants filed …

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    • eDiscovery

    • Electronic Discovery

    • Latest Trends and eDiscovery Case Law

    Posted on July 29th, 2013 by

    Proprietary issues in business litigation can sometimes result in disputes regarding confidentially and discovery production. In the state court case Hull, et al. v. WTI, Inc., A13A0003 (Ga.Ct.App. June 18, 2013), the Court of Appeals in Georgia took up an interlocutory appeal regarding sanctions imposed on defendants for the trial court’s finding of discovery abuses. …

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    • eDiscovery

    • Electronic Discovery

    • Latest Trends and eDiscovery Case Law

    • Spoliation

    Posted on July 17th, 2013 by

    Prior to the onset of electronic data saved in native file format, paper documentation in large banker boxes ruled the discovery process for physical evidence. This has completely changed in the last 10 to 15 years, as electronic files in native format are now commonly requested and produced in civil litigation. This presents a slew …

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