ediscovery
Reasonable Inquiry Explains Lack Of Responsive Discovery
In this negligence case arising from a car accident, the plaintiff moved to compel the production of daily driving reports.
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.
Doctrine of unclean hands has ‘no place’ in discovery analysis
The court rejected a party’s argument that his opponent’s shortcomings justified his own deficient discovery responses as a “playground tantrum.”
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.
