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No Sanctions for Breach of Duty to Preserve Video, Due to Lack of Prejudice
In Hobson v. Harper, the court found that while the defendants negligently failed to preserve surveillance video, sanctions were unwarranted due to lack of prejudice and the footage’s irrelevance to plaintiff’s discovery requests.
Protective Order Barring Use of Discovery Materials in Other Litigation Was Vacated
In Cordero v. Stemilt, the Ninth Circuit vacated a restrictive protective order that barred plaintiffs’ counsel from using discovery materials in other advocacy, ruling that the district court failed to show good cause or specific...
The “Best Time” to File a Spoliation Motion
This article explores the legal nuances of spoliation motion timing, highlighting the risks of premature or delayed filings. It also offers a proactive framework using ESI Protocols and discovery plans.
Requests for Documents “Sufficient to Show,” Instead of “Any and All” Documents
Discovery requests framed as “sufficient to show” are gaining traction in federal courts for their focus and proportionality. Unlike overbroad “any and all” language, this approach targets relevant facts while aligning with evolving case law...
Application of Work-Product Doctrine to Materials Prepared Years After Incident
The Hall decision explores whether documents prepared decades after a criminal conviction, as part of post-conviction representation, qualify as protected work product. It emphasizes timing and substantial need in distinguishing between fact and opinion work...
Defendant’s Prejudice From Plaintiff’s Failure to Disclose Photographs Taken by Defendant Was Insufficient to Support an Exclusionary Discovery Sanction
In Matter of City of Hagerstown, the Appellate Court of Maryland held that a plaintiff’s failure to disclose photos did not justify their exclusion as a discovery sanction, finding minimal prejudice.
Fed.R.Civ.P. 26(g) Was Violated by Permitting Client Searches With Minimal Oversight by Counsel
A court ruling in Grullon v. Lewis held that allowing clients to self-collect discovery with minimal attorney oversight violates Rule 26(g), highlighting the need for counsel’s active involvement.
Privilege Log Helps Defeat Summary Judgment on One Count
In Conner v. Stark & Stark, a federal court used the defendant’s privilege log to identify factual disputes regarding the timing and motivation behind a termination decision, enabling the plaintiff’s discrimination claims to survive summary...
Privilege Log Deemed Partially Inadequate
In Gilbane Bldg. Co. v. School Bd. of Broward County, the court addressed six privilege log disputes, offering practical guidance on adequacy, role identification, email threads, and subject descriptions in discovery.
All Metadata is Not Equal – Court Orders Narrower Request
The Court in Heym v. APG Housing emphasized the need for proportionality in eDiscovery, denying a blanket metadata request and urging targeted production aligned with Maryland’s ESI Principles. The decision also addressed the scope of...
Agreement to Permit Forensic Imaging May Leave Some Unresolved Questions
In HET MCPS v. AutoFlex, the court granted a motion for forensic imaging of devices, but key questions remain about post-imaging data handling, including privilege, relevance, and production protocols. The case underscores evolving challenges in...
Sanctions Denied Because of Lack of Prejudice, Despite Breach of Duty to Preserve Video
The District of Maryland in Moore v. WMATA denied spoliation sanctions despite finding a breach of the duty to preserve video evidence. The ruling emphasized the need for concrete proof of relevance and prejudice.