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May 18th, 2018

Court Imposes $25K in Sanctions for Failure to Comply with Court’s Discovery Order in NFL Video Game Case

May 16th, 2018

Court Denies Defendant’s Motion for Sanctions for Spoliation of Evidence Due to Lack of Intentional Destruction

May 14th, 2018

Magistrate Judge Rules on ESI Disputes in Twitter Securities Class Action

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    • Litigation Holds

    Posted on December 10th, 2012 by

    In the recent case of U.S. ex rel. Baker v. Community Health Systems, Inc., 2012 WL 5387069 (D.N.M. Oct 3, 2012), the U. S. Department of Justice (DOJ) alleged the defendant engaged in Medicaid fraud.  In a motion for sanctions, defendant alleged that the DOJ’s litigation holds were untimely and as a result, critical emails …

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    • Class Action Lawsuits

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    Posted on December 3rd, 2012 by

    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 attorney Donald W. Heyrich was …

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    • Multi-District Litigation

    Posted on November 30th, 2012 by

    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 mass tort case is pending …

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    Posted on November 28th, 2012 by

    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 Facebook knowingly charging them for …

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    • Social Media

    Posted on November 26th, 2012 by

    Courts have struggled to strike the proper balance between discoverable information and the invasions of privacy rights of plaintiffs with social media accounts.  While the general rule of thumb is for defendants to make a threshold showing of relevancy before private information is ordered produced, a federal court in Colorado recently ordered all social media accounts …

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