U.S. Seventh Circuit Affirms Certification of Anti-Trust Action; Rejects Application of Previous Class Release

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Plaintiffs brought suit alleging that the defendants agreed to restrict the supply of containerboard by cutting capacity, slowing back production, taking downtime, idling plants, and tightly restricting inventory, thereby leading to an increase in the price of containerboard.  A nationwide class of direct purchasers was certified, and the Seventh Circuit Court of Appeals affirmed. First, the court noted that the …

Magistrate Peck in the Southern District of New York Discusses (again) the Benefits of Predictive Coding, yet Declines to Compel the Producing Party

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Recounting several prior decisions on the subject, Magistrate Judge Pack noted that TAR (Technology Assisted Review) (or predictive coding) is, in general, “cheaper, more efficient and superior to keyword searching. In March 2009, the ‘dark ages’ in terms of ediscovery advances, this Court described problems with keywords and the need for ‘careful thought, quality control, testing, and cooperation with opposing …

District Court Judge in Peurto Rico Orders Party to Re-Produce Billing Records in Excel Format, as Requested

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In civil RICO case, the plaintiff requested billing records in Excel format. The defendants produced the records in PDF. When plaintifff filed a motion to compel, the defendants argued that the parties had never agreed upon a specific format, and that the billing software permitted only PDF. Compelling the defendants to re-produce the billing data in Excel format, the Court …

District Court Judge in Washington Sanctions Attorney for Side-Stepping Proportionalty Requirements

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In a FDCPA case, the defendants moved to either compel discovery or exclude medical evidence presented by the plaintiff. Sanctioning the defendants, the Court observed as follows:   “Defendants cited caselaw that analyzed the version of Federal Rule of Civil Procedure 26(a)(1) that existed before the highly publicized amendments took effect on December 1, 2015. As this court indicated at …

U.S. Tax Court Addresses the Sufficiency of Production where Predictive Coding is Employed

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“When responding to a document request, technology has rendered the traditional approach to document review impracticable. The traditional method is labor intensive, with people reviewing documents to discern what is (or is not) responsive, with the responsive documents then reviewed for privilege, and with the responsive and non-privileged documents being produced. When reviewing documents in the dozens, hundreds, or low …

U.S. Fifth Circuit Allows Action Against Parent Company for Alleged Breach of Voluntarily Assumed Duties

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Following the purchase of Acme Building Brands by Berkshire Hathaway, Acme reduced its contributions to Acme’s 401(k) plan, allegedly due to pressure from the new parent company, Berkshire Hathaway Get More Information. While the U.S. Fifth Circuit affirmed the dismissal of breach of fiduciary duty claims against Berkshire Hathaway and all ERISA claims against Acme, the Court reversed the District …

U.S. Fifth Circuit Affirms Denial under Active Serviceman Exclusion not in SPD

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Plaintiff purchased life insurance for herself and her husband through her employer, UPS. Her husband was an active-duty soldier in the United States Army. He was killed in a weekend motorcycle accident while off base and not on duty. Prudential denied his widow’s claim pursuant to an exclusion for active-duty servicemen. The district court granted summary judgment for Prudential and …

Magistrate Judge in the District Court of Kansas Discusses Application of New Proportionality Language to Discovery Disputes

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The plaintiff sought additional electronically-stored information which the defendant claimed was privileged. Rather than deciding the issue based on the existence and/or waiver of the attorney-client privilege, the court focused on the new proportionality language in Rule 26:   “The consideration of proportionality is not new, as it has been part of the federal rules since 1983. Moving the proportionality …

U.S. Supreme Court Vacates and Remands Statutory Damages Case for “Concreteness” of Injury Analysis under Article III

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The defendant operates a ‘people search engine’ which conducts a computerized search in a wide variety of databases and provides information about the subject of the search.  Based on inaccurrate information that gathered and then disseminated about the plaintiff, he filed a class complaint under the Fair Credit Reporting Act (FCRA), which provides that any business or person who willfully …

U.S. Fifth Circuit Reverses Defense Verdict where District Court Had Not Conducted Daubert Hearing re Chiropractor Testimony Elicited by Defendants

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Patient who suffered severe injuries after being treated with infrared therapy device for diabetic condition of peripheral neuropathy brought products liability action against manufacturer and distributor. After denying patient’s pre-trial motion to exclude testimony of chiropractor, the jury found for the defendants.  The U.S. Fifth Circuit reversed and remanded for Daubert consideration: “Initially, we dispose of the defendants’ contention that …