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e-Discovery Nuts and Bolts for consumer debt mediation

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E-Mail Delivery of Complaint to Clerk Tolls Statute of Limitations: Seventh Circuit

In Farley v. Koepp, the US Court of Appeals for the Seventh Circuit held that an action is timely commenced where a complaint is delivered to the clerk before the statute of limitations expires, regardless of defects in the complaint’s form. Practical Law Litigation In a June 8, 2015 decision, Farley v. Koepp, the US…

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Delivery of Complaint to Court Tolls Statute of Limitations: Ninth Circuit

The US Court of Appeals for the Ninth Circuit held, in Escobedo v. Applebee’s, that under Federal Rule of Civil Procedure (FRCP) 3, a complaint is deemed timely filed when it is delivered to the court’s clerk. In a June 4, 2015 decision, Escobedo v. Applebee’s, the U.S. Court of Appeals for the Ninth Circuit…

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Failure to Implement a Proper Legal Hold Leads to Sanctions

In the State of Missouri a case was conducted and shows a clear reason why a Proper Litigation hold needs to be implemented. Fidelity Nat. Ins. Co. v. Captiva Lake Invs., 2015 WL 94560 (E.D. Mo. Jan. 7, 2015). In this insurance case, the defendant sought sanctions after alleging the plaintiff spoliated evidence and caused…

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E-Discovery Healthcare Litigation Readiness

Effective January 1, 2014, federal mandates for healthcare and digital record-keeping was required for public and private healthcare providers.   The American Recovery and Reinvestment Act also includes financial incentives for healthcare providers who provide meaningful use of electronic health records (“EHR”).  EHR is not only a more comprehensive patient history than electronic medical records…

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Defendant’s Gross Negligence Leads to Adverse Inference Instruction

New York Riley v. Marriott Int’l, 2014 WL 4794657 (W.D. N.Y. Sept. 25, 2014). In this personal injury case, the plaintiffs sought video surveillance and “sweep logs” after one of the plaintiffs slipped and fell in the defendant’s hotel garage. The defendant’s loss prevention manager testified that the area in question was continuously monitored and…

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Court Grants Motion for Spoliation Sanctions Due to Data that is “Less Accessible”

In Mazzei v. Money Store, 01cv5694 (JGK) (RLE) (S.D. N.Y. July 21, 2014), New York Magistrate Judge Ronald L. Ellis granted the plaintiff’s motion for spoliation sanctions against the defendant, ordering the defendant to bear the cost of obtaining all the relevant data in question from a third party as well as paying for plaintiff attorney…

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Counsel’s Failure to Understand Computer Systems

Counsel’s Failure to Understand Computer and Archive Systems Results in Production Delay, Monetary Sanctions New York In re A & M Florida Props. II, 2010 WL 1418861 (Bkrtcy.S.D.N.Y. Apr. 7, 2010). In this bankruptcy litigation, the defendant sought sanctions alleging the plaintiffs and their counsel intentionally obstructed the discovery process by causing misunderstandings and by…

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Appellate Court Upholds Order to Allow Plaintiff Access to Mirror Image of Defendant’s Hard Drive

Texas In re Honza, 2007 WL 4591917 (Tex. App. Dec. 28, 2007)In this real estate litigation, the defendants sought a writ of mandamus to set aside a discovery order requiring them to produce office hard drives for imaging by a computer forensic expert in an effort to locate two particular documents. The defendants objected to…

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Judge Issues Sua Sponte Order Chastising Modern Ediscovery Practices

Here we go again   Iowa Sec. Nat’l Bank of Sioux City, Iowa v. Abbot Laboratories, No. C 11-4017-MWB, 2014 WL 3704277 (N.D. Iowa July 28, 2014). In this product liability case, the court filed a sua sponte order on the “serious pattern of obstructive conduct” exhibited by the defendants by excessive use of “form”…

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