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Searching Content indexed under Employment Litigation/ Tribunals by Aaron Crews ordered by Published Date Descending.
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Court Finds Party Complied With ESI Request, But Sanctions For Failure To Produce Paper Records
In a recent case, U.S. Magistrate Judge K. Gary Sebelius, granted in part, and denied in part, the defendants' motion for sanctions, holding that the defendants failed to demonstrate that the plaintiff destroyed relevant evidence.
United States
8 Mar 2013
2
Court Denies Motion To Compel Facebook Authorization Citing Insufficient Showing Of Relevance
In Tompkins v. Detroit Metropolitan Airport, et. al. [pdf], No. 10-1-413, U.S. Magistrate Judge R. Steven Whalen denied Defendant Northwest Airlines' Motion to Compel Plaintiff to Execute Facebook Authorizations, holding that the defendant failed to demonstrate the plaintiff's Facebook activity contained information relevant to the litigation.
United States
8 Mar 2013
3
Court Denies Spoliation Motion Holding Plaintiff Fully Complied With Its Preservation Obligation
In Spanish Peaks Lodge, LLC v. Keybank National Assoc. [pdf], No. 10-453, Senior U.S. District Judge Donetta W. Ambrose denied Keybank's motion for spoliation sanctions holding that defendant Voyager Holdings failed to present any evidence that Voyager instituted a document retention policy for the sole purpose of destroying documents relevant to the litigation.
United States
8 Mar 2013
4
Court Finds Defendant's Lack Of Preservation Grossly Negligent
In Star Direct Telecom, Inc. v. Global Crossing Bandwidth, Inc., No. 05-CV-6734T, U.S. Magistrate Judge Marian W. Payson, granted, in part, plaintiff U.S. Telesis Inc.’s Motion for Spoliation Sanctions holding that the defendant failed to preserve the email and computers of key custodians after the commencement of litigation.
United States
8 Mar 2013
5
Court Orders Adverse Inference Instruction For Bad Faith Spoliation Of ESI
In Aviva USA Corp. v. Vazirani [pdf], No. 11-0369, U.S. District Court Judge James A. Teilborg, denied the plaintiffs' request that they be granted judgment on liability and granted the plaintiffs' request for an adverse inference instruction against the defendants for their bad faith spoliation of evidence related to the lawsuit.
United States
8 Mar 2013
6
Court Orders Parties To Confer On Search Terms And Utilize Parties' Clawback Order
In Adair v. EQT Production Co., U.S. District Court Judge James P. Jones overruled, in part, the defendant’s objections to the magistrate’s order that the defendant run search terms on the email accounts for eight employees and produce all key-word positive emails except those that were sent to or received by the defendant’s counsel.
United States
8 Mar 2013
7
Court Denies Request For Sanctions Against Consultant Absent Showing Of Prejudice
In a recent case, U.S. Magistrate Judge Frank Maas denied the defendant's motion for sanctions, holding that although the plaintiffs' third-party consultant had a duty to preserve evidence, the defendant failed to demonstrate any resulting prejudice.
United States
8 Mar 2013
8
Court Orders Forensic Inspection In Part Due To Plaintiffs Failure To Timely Respond To Discovery
In Wynmoor Community Council, Inc. v. QBE Insurance Corporation [pdf], No. 10-62411, U.S. Magistrate Judge Lurana S. Snow granted the defendant's motion to compel electronic discovery and ordered the plaintiffs to submit to a court-ordered forensic inspection of its electronic information systems at the defendant's cost.
United States
8 Mar 2013
9
Court Orders Cost-Shifting For Production Of Inaccessible Accounting Data
In Annex Books v. City of Indianapolis [pdf], No. 1:03-cv-918, U.S. Magistrate Judge Tim A. Baker granted the defendants’ motion to compel the plaintiffs’ bookkeeping data, but held that the defendants would be required to pay all future costs and expenses associated with additional attempts to compile or import the data.
United States
8 Mar 2013
10
Court Denies Motion For Sanctions Absent Evidence Information Existed And Was Destroyed
In Kincaid v. Wells Fargo Securities LLC, et. al., U.S. Magistrate Judge Paul J. Cleary denied Plaintiff's Motion for an Adverse Inference Instruction, holding that the plaintiff failed to prove that any relevant evidence was destroyed or withheld.
United States
8 Mar 2013
11
Dowell v. Biosense Webster, Inc.: Overly Broad Restrictive Covenants And Questionable Litigation Choices Make For Difficult Outcomes
Continuing the recent flurry of decisions refining the edges of California's general prohibition against post-employment covenants not to compete, the Court of Appeal for the Second District of California issued its opinion in Dean Dowell v. Biosense Webster, Inc., 2009 Cal. App. LEXIS 1860 ("Biosense").
United States
4 Jan 2010
12
The Retirement Group, Inc. v. Galante: A Lesson In Avoidable Consequences
The Court of Appeal for the Fourth District of California recently issued its opinion in The Retirement Group, Inc. v. Galante, 2009 WL 2332008, a trade secrets case where the plaintiff, The Retirement Group, Inc. (TRG) alleged several of its former employees had misappropriated TRG's trade secrets and were using them to solicit TRG's customers.
United States
11 Sep 2009
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