Data management
Defendant’s failure to produce discovery ‘no one’s fault but its own’
The court precluded the defendant’s non-disclosed evidence, granting summary judgment for the plaintiff, as the failure to disclose was in bad faith.
Court finds forensic inspection relevant and proportional
In this alleged click-fraud case, the court concluded that a forensic inspection of the defendant’s devices was proportional to the needs of the case.
Plaintiff displays ‘flagrant disregard’ for court’s orders and discovery process
On appeal, the Eleventh Circuit affirmed, finding that the plaintiff’s failure to provide discovery justified the “last resort” sanction of dismissal.
PDF production ‘not unreasonable,’ but also not ‘unduly burdensome’ to re-produce
Citing FRCP 34 regarding the form of production, the court ordered a party to re-produce emails in native format rather than as searchable PDFs.
Plaintiff can’t just say he ‘will produce’ responsive discovery
The plaintiff stated that he “will produce” responsive discovery when it is available; the court ordered him to supplement this inadequate response.
What Is Cooperation in Ediscovery?
What is cooperation in ediscovery? Learn why collaborative ediscovery is required by the FRCP, how it controls costs, and why preparation is critical.
