Calixto v. Watson Bowman Acme Corp.
Case: Calixto v. Watson Bowman Acme Corp., No. 07-60077, 2009 WL 3823390 (S.D. Fla. Nov. 16, 2009). Topic: E-Discovery Limitations Facts Plaintiff entered into a licensing agreement with a subsidiary of a larger multi-national conglomerate. Another entity within the conglomerate allegedly infringed the agreement. Because of the complexities of the conglomerate's corporate structure, the entity...
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Pension Committee v. Banc of America Securities
Case: Pension Committee v. Banc of America Securities , 2010 WL 184312 (S.D.N.Y. Jan. 15, 2010). Topic: E-Discovery, Spoliation and Sanctions Six Years After Zubulake Facts Multiple plaintiff/investors brought an action to recover hedge fund losses. Defendant/fund managers sought sanctions for some plaintiffs' significant discovery failures. No purposeful destruction of evidence had occurred. However...
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Ashcroft v. Iqbal, 129 S.Ct. 1937 (2009)
Case: Ashcroft v. Iqbal , 129 S.Ct. 1937 (2009). Topic: Pleading Sufficiency Requirements Under Federal Rule of Civil Procedure 8(a) Facts A Pakistani Muslim arrested after 9/11 brought a civil rights action. The suit alleged his designation as a "high interest" person and subsequent placement in a highly restrictive detention unit occurred for prohibited discriminatory reasons. The district...
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Keefe v. Bernard
Case: Keefe v. Bernard , 2009 W.L. 346738 (Oct. 30, 2009). Topic: Corporate Attorney/Client & Work Product Privilege Facts The attorney representing both the doctor and his corporate employer in a medical malpractice action interviewed an orthopedic surgeon also employed by the corporation. The plaintiff sought discovery of a report the defendants' attorney prepared summarizing the interview...
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Southeastern Mechanical Services, Inc. v. Brody
Case: Southeastern Mechanical Services, Inc. v. Brody, No. 8:08-CV-1151-T-30EAJ , 2009 WL 2883057 (M.D. Fla. Aug. 31, 2009). Topic: Spoliation of PDA Stored Data Facts Employer alleged its former employees misappropriated confidential and trade secret business information and brought an action against both the individual employees and their new corporate employers. The original employer sought discovery...
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Pinstripe, Inc. v. Manpower, Inc.; Sonomedica, Inc. v. Mohler; Southeastern Mech. Serv. Inc. v. Brody;
Cases: Pinstripe, Inc. v. Manpower, Inc. , No. 07-CV-620-GKF-PJC, 2009 WL 2252131 *1 (N.D. Okla. July 29, 2009); Sonomedica, Inc. v. Mohler , No. 1:08-cv-230 (GBL), 2009 WL 2371507 *1 (E.D. Va. July 28, 2009); Southeastern Mech. Serv. Inc. v. Brody , No. 8:08-CV-1151-T-30EAJ, 2009 WL 2242395 *1 (M.D. Fla. July 24, 2009). Facts Three unrelated cases involving indisputable spoliation of electronic evidence...
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Case: Stengart v. Loving Care Agency, Inc. , 973 A.2d 390 (N.J. Super. Ct. App. Div., June 26, 2009). Facts Plaintiff corresponded with her attorney through a personal, password-protected web-based email account while using a computer supplied by her...
Case: Stengart v. Loving Care Agency, Inc. , 973 A.2d 390 (N.J. Super. Ct. App. Div., June 26, 2009). Facts Plaintiff corresponded with her attorney through a personal, password-protected web-based email account while using a computer supplied by her employer. The company’s email policy claimed that essentially anything created by the company’s media systems and services was company property. It also...
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Kvitka v. The Puffin Co., 2009 WL 385582 (M.D. Pa. Feb. 13, 2009).
Smith v. Slifer Smith & Hampton, 2009 WL 482603 (D. Colo. Feb. 25, 2009).
Technical Sales Associates, Inc. v. Ohio Forge Co., 2009 WL 728520 (E.D. Mich. March 19, 2009).
Cases: Kvitka v. The Puffin Co . , 2009 WL 385582 (M.D. Pa. Feb. 13, 2009). Smith v. Slifer Smith & Hampton , 2009 WL 482603 (D. Colo. Feb. 25, 2009). Technical Sales Associates, Inc. v. Ohio Forge Co . , 2009 WL 728520 (E.D. Mich. March 19, 2009). Status: Ready , Aim , Fire Facts Three courts in unrelated cases recently addressed the consequences of failing to preserve electronically stored information...
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United States v. Thompson
Case: United States v. Thompson , 562 F.3d 387 (D.C. Cir. April 17, 2009) Status: Ready , Aim , Fire Facts Before trial in the district court, a criminal defendant successfully compelled production of material the government had obtained from defendant's employer. The employer formerly provided the government with its work-product privileged material (including internal investigation documents...
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Kam-Ko Bio-Pharm Trading Co. v. Mayne Pharma (USA) Inc.
Case: Kam-Ko Bio-Pharm Trading Co. v. Mayne Pharma (USA) Inc., No. 07-35449 (9 th Cir. March 11, 2009). Status: Ready , Aim , Fire Facts After successfully compelling defendant into arbitration, plaintiff Kam-Ko could not pay the $220,000 arbitration fee. Kam-Ko claimed the fee was "substantively unconscionable" and brought a "motion for declaratory relief." The Ninth Circuit found...
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All American Semiconductor, Inc. v. Hynix Semiconductor, Inc.
Case: All American Semiconductor, Inc. v. Hynix Semiconductor, Inc., Nos. C 06-2915, C 07-1200, C 07-1207 and C 07-1212, 2008 WL 5484552 (N.D. Cal. Dec. 12, 2008). Status: Ready , Aim , Fire Facts The Defendant in four cases related to a larger multi-district anti-trust action sought to disqualify the plaintiffs' law firm due to a conflict of interest of one of the firm's attorneys. Prior to...
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Rivera v. Lutheran Med. Ctr.
Case: Rivera v. Lutheran Med. Ctr. , 866 N.Y.S.2d 520 (N.Y. Sup. Ct. 2008). Status: Ready , Aim , Fire Facts Plaintiff Rivera claimed that his employment was wrongfully terminated because of his association with a disabled person and not because of the sexual harassment alleged by his employer, Lutheran Medical Center (LMC). Discovery showed that LMC's attorneys had contacted all non-party LMC...
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In re Cellular 101, Inc.
Case: In re Cellular 101, Inc. , 539 F.3d 1150 (9th Cir. 2008). Status: Ready , Aim , Fire Facts A dispute with Channel, a local AT&T wireless services dealer, led to Cellular 101 filing for bankruptcy. AT&T then sued Cellular 101 in a separate state-court action. The bankruptcy court ordered Cellular 101 to make payment to Channel; Cellular 101 appealed. While the appeal was pending, Cellular...
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Pace v. Swerdlow
Case: Pace v. Swerdlow , 519 F.3d 1067 (10th Cir. 2008). Status: Ready , Aim , Fire Facts Plaintiffs hired defendant Swerdlow as a medical-malpractice expert in their suit against a physician. Swerdlow signed an affidavit stating that malpractice had caused the death of the Paces' daughter. Shortly before trial, however, Swerdlow learned the other physician's version of events and amended his...
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McKee v. AT&T Corp.
Case: McKee v. AT&T Corp. , 191 P.3d 845 (Wash. Aug. 28, 2008). Status: Ready , Aim , Fire Facts Plaintiff McKee filed a class action lawsuit alleging that AT&T wrongly charged surcharges and usurious late fees of less than $2 per month to customers like him. AT&T moved to compel arbitration under an agreement it claimed it sent in the mail. The dispute resolution section at issue required...
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