Tag: multidistrict litigation

  • Preservation Orders Issued for eDiscovery in Fungal Meningitis Cases

    18 Jan 2013

    The plaintiffs in the potential multidistrict litigation In Re New England Compounding Pharmacy Cases secured a key win early on: the judge ordered preservation orders for tangible and electronic evidence held by defendants. The case stems from an incident last Fall when the defendant, New England Compounding, recalled three lots of

  • Plaintiff eDiscovery Discussion of Defendant Evidence Spoliation Continues

    2 Jan 2013

    Our last blog laid out the specific facts and timeline of Bozic v. City of Washington, Pennsylvania (2012 WL 6050610)(W.D.Pa. Dec. 5, 2012). In this case, plaintiff alleged the city as defendant engaged in electronic discovery spoliation when the City Solicitor destroyed a tape recording of a meeting that was

  • When the Duty to Preserve Evidence Arise for Allegations of eDiscovery Spoliation?

    31 Dec 2012

    In Bozic v. City of Washington, Pennsylvania (2012 WL 6050610)(W.D.Pa. Dec. 5, 2012) the plaintiff was a female firefighter and the defendant was the employer-city. Plaintiff had previously filed an EEOC charge against the city, and she was later hired. A few months later, the defendant claimed the plaintiff was

  • Plaintiff eDiscovery Lesson from Multifeeder

    26 Dec 2012

    Computer Forensics Expert Uncovers Defense Spoliation In the modern realm of electronic discovery, the impulse to obfuscate and destroy evidence is often a tempting one, particularly to individual witnesses who sometimes operate under the false belief that they can conceal their tracks by use of data purging or encryption software.

  • Court Rules Handing Over iPhone Outside Scope of eDiscovery Requests

    14 Dec 2012

    In AllianceBernstein L.P. v. Atha, (2012 NY Slip Op 07766)(Nov. 15, 2012), plaintiff was an investment firm alleging breach of contract and misappropriation of confidential information by the defendant, a former employee. As part of the suit, plaintiff secured a temporary restraining order (TRO) preventing defendant from retaining or using

  • eDiscovery Lesson: Surprise! Dismissal Proper After Taking Sledgehammer to Computer

    12 Dec 2012

    In Taylor v. Mitre Corporation, 2012 WL 5473573 (E.D.Va. Nov. 8, 2012), an employee alleged employment discrimination. After making the requisite EEOC claim, the employee took a “sledgehammer” to his work computer containing email threads and discarded the scraps in a landfill. He subsequently received the “right-to-sue” letter from the

  • California Plaintiff Class Actions Against Google, Yahoo Allege Email Eavesdropping

    7 Dec 2012

    Class action lawsuits have been filed against Google and Yahoo! for unlawful and wrongful wiretapping and eavesdropping in violation of California’s Invasion of Privacy Act (CIPA). Plaintiffs allege the defendants intercepted email threads prior to delivery without the consent of the author and sender. This is not a surprise as it

  • Goodyear Takes Heat After Fraudulent Plaintiff eDiscovery Evasions

    5 Dec 2012

    Discovery should not and cannot be a game of hide and seek. That is the take away statement in Haeger v. Goodyear Tire and RubberCo., No. CV-05-02046-RHX-ROS (D.Ct.Ariz. Nov. 8, 2012). Tire safety tests were at issue in discovery in the underlying product liability case. Plaintiffs sought relevant documents regarding

  • Plaintiff eDiscovery Uncovering Damaging Evidence in Papa John’s Class Action

    3 Dec 2012

    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

  • What Are Defendants Hiding in NuvaRing Multidistrict Litigation?

    30 Nov 2012

    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