In re Jordan, — S.W.3d —, 2012 WL 1098275 (Texas App., April 3, 2012) Former employee sued her old company for subjecting her to a sexually hostile workplace and for firing her after she reported it. She claimed that she had never looked at pornography before she saw some on the computers at work. During [...]
Archive for the ‘Electronic Discovery’ Category
There is no “generalized right to rummage” through an adversary’s Facebook account
January 27th, 2012
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Tompkins v. Detroit Metro. Airport, 2012 WL 179320 (E.D. Mich. January 18, 2012) Plaintiff filed a personal injury lawsuit against defendants claiming she was impaired in her ability to work and enjoy life. One of the defendants filed a motion with the court asking it to order plaintiff to authorize access to her entire Facebook [...]
No deposition of account holder allowed until he is named as defendant in BitTorrent copyright case
January 17th, 2012
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Hard Drive Productions, Inc. v. Doe, 2012 WL 90412 (E.D. Cal. July 11, 2012) In a mass copyright infringement suit, plaintiff served a subpoena on an internet service provider and got the identifying information for the account holder suspected of trading a copy of a movie via BitTorrent. The account holder was uncooperative with plaintiff’s [...]
Court deals blow to anonymous Bittorrent defendants’ efforts to challenge subpoenas
June 14th, 2011
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West Coast Productions v. Does 1 – 5,829, — F.Supp.2d —, 2011 WL 2292239 (D.D.C. June 10, 2011) The judge in one of the well-known mass copyright cases filed by Dunlap, Grubb & Weaver a/k/a U.S. Copyright Group (West Coast Productions v. Does 1 – 5,829) has issued an order denying motions to quash filed [...]
Court allows discovery of competitor’s keyword purchases
June 11th, 2011
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Scooter Store, Inc. v. Spinlife.com, LLC, 2011 WL 2160462 (S.D. Ohio June 1, 2011) The Scooter Store and a related company sued a competitor for trademark infringement and other causes of action for unfair competition based in part on the competitor’s purchase of keywords such as “scooter store” and “your scooter store” to trigger sponsored [...]
Court shifts half of cost of forensic search to producing party in ediscovery case
June 6th, 2011
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[This is a post by Jonathan Rogers. Jon is a licensed attorney in California, with a focus on technology and entertainment law. You can reach him by email at jon@jonarogers.com or follow him on Twitter at @jonarogers.] IWOI, LLC v. Monaco Coach Corporation, N.D. Ill. May 24, 2011 Plaintiff sued claiming breach of warranty and violations of certain [...]
Stored Communications Act protects Yahoo email account from subpoena
October 20th, 2010
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Chasten v. Franklin, 2010 WL 4065606 (N.D.Cal. October 14, 2010) Plaintiff sued some corrections officers at the prison where her inmate son was killed. She learned in a deposition that one of the defendants had a Yahoo email account. So she sent a subpoena to Yahoo seeking all the email messages sent from that account [...]
Bipolar disorder no excuse for email hacker
October 12th, 2010
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Leor Exploration v. Aguiar, 2010 WL 3782195 (S.D. Fla. September 28, 2010) Plaintiffs claimed that defendant hacked into one of the plaintiffs’ email accounts during the litigation to get an advantage in the case. The court entered severe sanctions against defendant for doing this — it struck his answer. In litigation, that is like declaring [...]
