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Willful or Grossly Negligent Destruction of ESI Allows Presumption of Prejudice 21 Aug 2013 | 09:05 pm
Sekisui Am. Corp. v. Hart, ---F. Supp. 2d---, 2013 WL 4116322 (S.D.N.Y. Aug. 15, 2013) Previously in this case, the Magistrate Judge declined to impose spoliation sanctions for Plaintiff’s deletion o...
Proposed Amendments to Civil (and Bankruptcy) Rules Posted for Public Comment 15 Aug 2013 | 10:35 pm
The Preliminary Draft of Proposed Amendments to the Federal Rules of Bankruptcy and Civil Procedure is now published online for public comment. The proposed amendments to the civil rules would affect...
Timing of Defendant's Actions Weighs Heavily in Analysis of Spoliation Sanctions 9 Aug 2013 | 12:53 am
Barrette Outdoor Living, Inc. v. Michigan Resin Representatives, No. 11-13335, 2013 WL 3983230 (E.D. Mich. Aug. 1, 2013) For Defendant’s bad faith failure to preserve his cellular phone and his delet...
Proposed Amendments to Federal Rules of Civil Procedure to be Published for Public Comment 7 Aug 2013 | 03:03 am
At its June meeting, the Committee on Rules of Practice and Procedure (“The Standing Committee”) unanimously approved for publication and public comment proposed amendments to the Federal Rules of Civ...
E-discovery's Trailblazers 31 Jul 2013 | 11:12 pm
Eleven people —lawyers and nonlawyers — who helped create the industry. Published by: The American Lawyer, July 29, 2013 Clearly it took a village to define and create today's electronic discovery i...
Citing the Lack of a Clear Distinction between the Two Tiers of Discovery, Court Adopts "Practical Approach" for Addressing Disputes over Scope 29 Jul 2013 | 10:21 pm
DCP Midstream LP v. Anadarko Petroleum Corp., ---P.3d---, 2013 WL 3225846 (Colo. June 24, 2013) In this breach of contract case, the Colorado Supreme Court addressed the court’s role in managing the ...
Stored Communications Act Does Not Apply to Unauthorized Access to Previously Opened Emails 25 Jul 2013 | 09:30 pm
Lazette v. Kulmatycki, ---F. Supp. 2d---, 2013 WL 2455937 (N.D. Ohio June 5, 2013) When Plaintiff's employment ended and she returned her company-issued Blackberry, she believed that she had deleted ...
No Sanctions for Routine Deletion of Text Messages "so as not to unduly encumber" Cell Phones 17 Jul 2013 | 11:20 pm
PTSI, Inc. v. Haley,---A.3d---, 2013 WL 2285109 (Pa. Super. Ct. May 24, 2013) Plaintiff sued its former employees after they opened a competing sports training facility. In the course of litigation,...
Da Silva Moore: Plaintiffs Petition for Writ of Certiorari on Question of Recusal 12 Jul 2013 | 12:13 am
It was reported this week that the Plaintiffs in this case have filed a Petition for a Writ of Certiorari with the United States Supreme Court seeking an answer to the question: “Should a court of ap...
No Sanctions for Deletion of Email Folder belonging to "Perhaps the Key Witness" Absent Evidence of Prejudice 3 Jul 2013 | 09:52 pm
Sekisui Am. Corp. v. Hart, No. 12 Civ. 3479(SAS)(FM), 2013 WL 2951924 (S.D.N.Y. June 10, 2013) In this case, the court considered Plaintiff’s “at least" negligent deletion of “the entire active email...
