Facebook Photos Ordered In New York Injury Case

Apr 22, 14 Facebook Photos Ordered In New York Injury Case

Posted in Best Of The Rest, eDiscovery, Litigation

By IT-Lex Intern Amber Williams (LinkedIn) In a recent case from New York, a judge ordered a plaintiff to produce Facebook photos to be used as evidence. The plaintiff was injured after falling off of defendant’s horse and is suing for damages related to her subsequent injuries.  Defendant moved to compel plaintiff to produce her...

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Fourth Circuit Vacates DuPont Verdict, Leaves eDiscovery Sanctions Untouched

Apr 21, 14 Fourth Circuit Vacates DuPont Verdict, Leaves eDiscovery Sanctions Untouched

Posted in eDiscovery, Preservation, Spoliation

By Philip J. Favro (bio / Twitter / LinkedIn) The Fourth Circuit made waves earlier this month when it vacated a $919 million judgment issued in favor of manufacturer DuPont in a trade secret dispute against one of its competitors. In 2011, the jury in E.I. DuPont De Nemours & Co. v. Kolon Industries, Inc. found that Kolon had...

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Facebook Evidence Admitted In Error, But Defendant’s Larceny Conviction Still Stands

Apr 10, 14 Facebook Evidence Admitted In Error, But Defendant’s Larceny Conviction Still Stands

Posted in eDiscovery, Litigation

We know that before any potential evidence can be used in legal proceedings, it has to be authenticated, but as we’ve written about before, the rules for authenticating social media evidence are still being developed. With that in mind, we turn our attention to Commonwealth v. Banas, an appeals court decision from...

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Pulling The Trigger: 4 Tips On Big Data Preservation

Apr 10, 14 Pulling The Trigger: 4 Tips On Big Data Preservation

Posted in eDiscovery, Preservation

Big data preservation can be tough.  We earlier wrote about Pillay v. Millard Refrigerated Services, Inc., where automatic deletion of big data lead to sanctions.  The plaintiff, Pillay, alleged that Millard fired an employee named Ramirez because Millard believed Ramirez to be disabled, and then that Pillay was fired for...

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Deleted Facebook Posts And Texts Cause Trouble For Employment Discrimination Plaintiff

In Painter v. Atwood, a Nevada case from last month, the plaintiff alleges that Dr. Atwood, her former boss, “climbed on top of her with his pants undone and held her down.” In a subsequent deposition, defendant “stated that he was only attempting to tickle Plaintiff and that the sexual nature of their...

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“Mere Conclusory Statement” Insufficient To Establish Undue Burden

Apr 08, 14 “Mere Conclusory Statement” Insufficient To Establish Undue Burden

Posted in Burden, eDiscovery

Black & Veatch Corp. v. Aspen Insurance (UK) Ltd. is a late-February decision from the U.S. District Court in Kansas. As background to the instant dispute, the opinion explains the lengths to which the plaintiff (B&V) went to produce discovery for a previous, unrelated matter against “MTI”:  In July 2010,...

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