Superior Court Judge in Arizona Grants Center for Auto Safety’s Motion to Unseal Records from Goodyear G159 Tire Cases

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The Center for Auto Safety (CAS) intervened into a wrongful death suit against Goodyear arising from defects in its G159 tire.  The Court granted CAS’s motion to unseal a large portion of the records that had been previously subject to a protective order, in that case and in several other similar cases. “In the course of the ruling adopting the Protective Order, …

On Mandamus, U.S. Fifth Circuit Reverses Attempt to Expand Privilege Waiver

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The plaintiff, Itron, acquired a company called SmartSynch, unknowingly assuming a $60 million contractual obligation to a third company, Consert. After years of litigation, Itron settled with Consert for $18 million, and now sues SmartSynch defendants for negligent misrepresentation, seeking the cost of the Consert litigation and settlement.   The Complaint never specifically pleads reliance on any legal advice, nor does …

Louisiana Fourth Circuit Holds that Action for Intentional Spoliation Does Not Accrue Until Plaintiff Sustains Actual Harm

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One of the parties to an underlying child custody dispute filed a petition for damages based on the intentional spoliation of potentially relevant video recordings. The defendant argued, and the trial court held, that the action was prescribed, because it was filed more than one year after the trial of the custody matter, wherein the videos could have been useful. …

U.S. District Court in Wisconsin Compels Production of Unredacted Documents with Unilateral “Nonresponsiveness” Redactions

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Plaintiff brought motion to compel on the basis that over 600 out of the approximately 6,000 documents produced by the defendant had been unilaterally redacted, based on the defendant’s determination that the materials were not relevant to the case. Initially, the Court noted that the redactions in question went far beyond the “line-item” redactions of personal information or account numbers …

Magistrate Judge Compels Production from Additional Custodians in Absence of Even an Estimate of the Alleged “Burden”

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Plaintiffs sought to discovery e-mails from the Mayor of Chicago and ten additional custodians in related wrongful arrest cases.  The City agreed to search the e-mail files of two custodians, while objecting to the others as unduly burdensome.  Granting the motion to compel, in pertinent part, the court ordered the City to search and produce responsive materials from the Mayor …

District Court in Colorado Orders GM to Produce FEM Data in Roof Crush Case

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Pertile, a front seat passenger, was badly injured in a rollover. GM’s expert, Ms. Lu, issued a report which states that the roof structure was evaluated in tests that subjected the design to various collision speeds, impact directions and loading directions, and opined, in part based upon her “review of the technical reports and engineering documents” that the 2011 Chevrolet …

Federal District Court in New York Applies Adverse Inference Where Defendant’s (Non-Party) Consultant Backs Up Cell Photos, But Not Text Messages, After Action Commenced

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In a dispute between the heirs and survivors of the band Lynyrd Skynard against a production company seeking to make an unauthorized documentary with the aid of a former bandmember, a District Court Judge in the Southern District of New York applied an adverse inference to the text messages of the scriptwriter, who purchased a new phone after the commencement …

Magistrate Judge Limits Discovery of E-Mails and Text Messages to Those Directly Relevant to Employment Claims on Proportionality Grounds

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In suit brought by a former State employee for retaliation, invasion of privacy, and defamation, U.S. Magistrate Judge Erin Wilder-Doomes, in the Middle District of Louisiana, granted in part, and denied in part, the defendant employer’s motion to compel various e-mail and text messages. With respect to requests for plaintiff’s e-mails and text messages from his own personal cell phone …

U.S. Supreme Court Reverses $2.7 Million Discovery Sanction Against GM Where Not Causally Related to the Misconduct

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Plaintiffs sued Goodyear, alleging that the failure of a G159 tire caused the family’s motorhome to swerve off the road and flip over. After several years of contentious discovery, marked by Goodyear’s slow response to repeated requests for internal G159 test results, the parties settled the case. Some months later, the plaintiffs’ lawyer learned that, in another lawsuit involving the …

District Court Judge in Northern District of Ohio Compels Defendant to Write Computer Program to Extract Relevant Information

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Plaintiff filed putative class action alleging violations of the TCPA.  Specifically, Meredith Plaintiff asserts that Defendant’s practice of using autodialed, prerecorded-voice collection calls using contact information obtained from its clients or third-party skip-trace services foreseeably results in Defendant making numerous wrong number calls to the cell phones of people other than the debtor. Previously, the Court ruled on Plaintiff’s motion …