privilege
Finding ‘gross negligence, not intentional malfeasance,’ court denies adverse inference
In this wrongful death case, the court imposed FRCP 37(e) sanctions, finding that spoliation caused prejudice, but denied an adverse inference.
Medical Records Proportional Ediscovery In ADA Claim
The plaintiff argued his medical records weren’t relevant; the court held that he “placed his mental condition at issue” by asserting an ADA claim.
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.
Monetary sanctions for violating rules despite ‘very minimal’ impact
The court imposed monetary sanctions for the plaintiff’s nondisclosure of third-party communications and failure to supplement discovery.
Despite Clawback, Defendant’s Reckless Abandon of Rule 502 Bites Back
The defendant’s reckless behavior convinced the court to deny the request to return privileged documents it mistakenly produced.
