In this action related to trademark claims, the court allowed 28 U.S.C. § 1782 discovery from the Internet Archive for use in a foreign proceeding.
Despite being ordered to comply with FRCP 34, the plaintiffs continued to produce emails in PDF rather than native format, leading to sanctions.
In this discrimination case, the Seventh Circuit affirmed spoliation sanctions against the defendant but also affirmed summary judgment in its favor.
This practical guide explains why metrics are critical to saving money and time in ediscovery and gives best practices for establishing helpful KPIs.
Where the plaintiff failed to comply with FRCP 34, producing PDFs that lacked critical metadata, the court ordered production of native-format ESI.
The court precluded the defendant’s non-disclosed evidence, granting summary judgment for the plaintiff, as the failure to disclose was in bad faith.