Tagged with: plaintiff esi

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June 22nd, 2018

Why Were Search Terms for Both Sides Rejected by an Ohio Magistrate Judge?

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    Posted on November 4th, 2013 by

    In FDIC v. Giannoulias et al., No. 12 C 1665, (N.D.Ill. October 23, 2013), plaintiff FDIC, acting as receiver for a bank, sued to recover millions of dollars in losses for loans the FDIC alleged the defendants had negligently approved. Discovery commenced and “Phase II” of discovery included plaintiff ESI (electronically stored information). Plaintiff and …

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    • Forensic eCertainty

    Posted on November 1st, 2013 by

    In Digital Vending Services International v. The University of Phoenix, et al., Action No. 2:09CV555 (E.D.Va. Oct. 3, 2013), the defendants sought spoliation sanctions for a missing thumb drive containing plaintiff ESI. It was undisputed that the thumb drive was lost; the only question before the district court was whether that warranted sanctions. To make …

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    • 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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    Posted on October 28th, 2013 by

    In Gatto v. United Airlines, Inc., 2013 U.S. Dist. LEXIS 41909, No.: 10-cv-1090-ES-SCM (D.N.J. Mar. 25, 2013), plaintiff Frank Gatto was ordered to produce personal Facebook account records. The personal injury action alleged permanent disability limiting physical and social activities, so the court agreed Facebook records were relevant and discoverable. Defendants briefly had access to …

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    Posted on October 25th, 2013 by

    In the case Swanson v. Alza Corporation, No. CV 12-04579-PJH (KAW), (N.D. Cal, October 7, 2013), Defendant filed a Motion to Compel the Plaintiff ESI production. Specifically, Defendant sought to compel Plaintiff to use its chosen search terms and to update the interrogatories (the parties were able to resolve the interrogatory dispute without the court …

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