Case Law
Mere Negligence and Conjecture Cannot Support a Spoliation Claim
In the Third Circuit, mere negligence is not enough to support a claim of spoliation.
Proportionality, and the Chicken and Egg Problem of Initial Damage Disclosures in Patent Litigation
The court needs to understand the value of the case to be able to judge discovery-related disputes on the basis of proportionality
Court Forces Plaintiff to Eat Crow[e] After Failing to Disclose Facebook Account
Parties must know courts view social media as any other form of evidence and will require organizations to preserve social media in discovery.
Update: University of Oregon Whistleblowers Felt Request to Send Student’s Records to Campus Lawyers Wrong
University of Oregon whistleblowers felt request to send Student’s records to campus lawyers wrong
Party’s Attempt to Rely on Its Document Retention Policy Crashes and Burns
Instead of producing documents, Avco claimed it had purged many responsive documents under its document retention policy.
Update: Six University of Oregon Employees Under Investigation For Alleged Misconduct
Six UO employees are now under investigation for alleged misconduct in the handling of therapy records in response to a litigation hold notification.
