proportionality
Proportionality & Case Preparation
A key to driving down the cost of ediscovery is to recognize that most preservation and discovery obligations are subject to negotiation — if you…
Missing texts and ‘discrepancies’ in account don’t outweigh privacy interest
In this Title IX case involving an alleged rape by a third party, the court granted the defendant’s motion to compel in part. It ordered…
Court rejects invasive and overbroad requests in data privacy case
In this data privacy class action, the court denied the defendant’s request to inspect the plaintiffs’ mobile devices.
Forensic examination not relevant to actual issues in dispute
In this FMLA case, the court denied a request for forensic examination of the plaintiff’s devices, finding that it exceeded the scope of discovery.
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.
Judge notes that while clowns are scary, ESI is not
In this pharmaceutical case, the court ordered the parties to randomly sample the ESI null set for responsiveness after keyword searching.
Magistrate Denies Forensic Examination
In this trade secret theft case, the magistrate denied the plaintiff’s motion for a forensic inspection of the defendant’s computers.
What Is Scope?
Scope is the extent of discovery that the parties agree to provide in a case, determined both by FRCP 26(b)(1) and the individual case’s parameters.
Court denies disproportionate and intrusive forensic examination of cell phone
In this TCPA claim, the court denied a forensic examination of the plaintiff’s cell phone, finding that no relevant evidence would be discovered.
Negligent Spoliation Inadequate For Dismissal
In this employment case, the court sanctioned the plaintiff for destroying cell phone records and lying under oath.
Querying Existing DB Isn’t Same As Creating Docs
In this case alleging healthcare insurance fraud, the magistrate granted the plaintiff’s motion to compel the production of specific database information.