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Case Law Review Archives


2004  
08/27/04 Judge Declines to Recuse Herself in Metropolitan Opera Case:  Metropolitan Opera Association, Inc. v. Local 100, Hotel Employees and Restaurant Employees Int'l Union
08/20/04 Court Orders Transfer of Domain Names in Trademark and Unfair Competition Case:  Philip Morris USA, Inc. v. Otamedia Limited
08/17/04 Federal Court in California Orders Sanctions for Using Wiping Software to Delete Files:  AdvantaCare Health Partners, LP v. Access IV
07/21/04 Philip Morris, Key Executives Sanctioned $2.75 M for Deleting E-mails:  United States v. Philip Morris USA, Inc.
07/20/04 UBS Warburg Sanctioned Yet Again in Zubulake Case:  Zubulake v. UBS Warburg LLC.
07/19/04 Printing Costs Not Recoverable if Electronic Documents Requested:  Zenith Electronics Corp. v. WH-TV Broadcasting Corp
07/02/04 4th Circuit Affirms Protective Order in Electronic Discovery Dispute:  Nicholas v. Wyndham International, Inc.
05/27/04 Court Allows Seizure of Home Computer Before Searching It For Relevant Evidence:  In re Search of 3817 W. West End, First Floor Chicago, Ill
05/07/04 Court Declines to Strike Electronic Evidence Found After Discovery Deadline, Shifts Cost to Defendant:  YCA v. Berry
04/21/04 Court Establishes New Three Part Test for Determining Necessity of Preservation Orders:  Capricorn Power Company, Inc. v. Siemens Westinghouse Power Corporation
04/09/04 Court: If Electronic Evidence is Searchable, Responsive Party Need Not Organize It:  Zakre v. Norddeutsche Landesbank Girozentrale
03/26/04 Lawsuit Dismissed After Plaintiff Tries to Deceive Court With Fake E-mail:  Munshani v. Signal Lake Venture Fund II
03/19/04 Noting Document Mishandling in Similar Case, Court Orders Gov't. Preserve Electronic Documents:  Pueblo of Laguna v. United States
03/15/04 Default Judgment Entered Against Defendant Violating Temporary Restraining Order By Destroying Electronic Evidence:  QZO, Inc. v. Moyer
03/11/04 Recovered E-mail Helps Company Prove Former President Stole Business, Opened Competing Firm:  In re Sullivan
03/02/04 Having No Proof That Relevant Electronic Evidence Was Erased, Court Declines to Sanction Plaintiff for Spoliation:  Invision Media Communications, Inc. v. Federal Insurance Co.
02/18/04 Discovery Stay Not Needed if Defendant Acknowledges Duty to Preserve Electronic Evidence:  In re Merrill Lynch & Co., Inc. Research Reports Securities Litigation
02/10/04 Use of "Wiping" Software Results in an Adverse Inference Instruction:  Anderson v. Crossroads Capital Partners, L.L.C
02/18/04 Discovery Stay Not Needed if Defendant Acknowledges Duty to Preserve Electronic Evidence:  In re Merrill Lynch & Co., Inc. Research Reports Securities Litigation
01/30/04 Sanctions Denied After Plaintiffs Fail to Request Appointment of Computer Forensic Expert:  Aero Products International, Inc. v. Intex Recreation Corporation
2003  
12/05/03 Court Orders Plaintiff to Retain Computer Forensic Expert in Expedited Electronic Discovery Request:  Physicians Interactive v. Lathian Systems, Inc
12/03/03 Computer System Inspection Not Justified by Mere Suspicion of Incomplete Discovery:  Bethea v. Comcast
10/27/03 Court: Defendant Should Have Preserved Electronic Evidence Likely to be Subject to Discovery Request:  Wiginton v. Ellis
10/22/03 Zubulake Judge Denies Adverse Inference as Lost Evidence Does Not Support Plaintiff's Claims:  Zubulake v. UBS Warburg LLC
09/22/03 Appellate Court Vacates an Unlimited Electronic Discovery Order:  In re Ford Motor Company
08/29/03 Government's Records Retention Policy Led to Spoliation of Evidence Claim:  Renda Marine, Inc. v. United States
08/28/03 Internet Service Provider Tricked Into Violating the Electronic Communications Privacy Act:  Theofel v. Farey-Jones, amended and superseded
07/29/03 Corporate E-mail Disclosed by Mistake is Privileged:  Blumenthal v. Kimber Manufacturing, Inc
07/24/03 EPA Sanctioned and Held in Contempt for Violating Court Order to Preserve Electronic Evidence:  Landmark Legal Foundation v. Environmental Protection Agency
06/30/03 Mass E-mails Sent to Intel Corporation By Ex-Employee Not Considered Trespass:  Intel Corporation v. Hamidi
06/26/03 Ninth Circuit: Defendant Lacked Standing To Object To Computer Search of Former Employer's Laptop:  United States v. Wong
06/03/03 Despite Privilege Concern, District Court Declined to Shift Cost of Electronic Discovery Request:  Computer Associates International, Inc. v. Quest Software, Inc.
05/27/03 Court Recommends Dismissal With Prejudice in Patent Case After Plaintiff "Shreds" Computer Files:  Kucala Enterprises, Ltd. v. Auto Wax Company, Inc.
05/13/03 Court Ordered Cost-Shifting For Large Electronic Evidence Discovery Request:  Medtronic Sofamor Danek, Inc. v. Michelson
02/05/03 Court Affirmed Preliminary Injunction To Freeze Electronic Data for Future Discovery:  Dodge, Warren & Peters Insurance Services, Inc. v. Riley
2002  
12/26/02 Nevada Supreme Court Rules That a Document Transmitted by E-mail is Subject to Attorney-Client Privilege:  City of Reno v. Reno Police Protective Association
11/04/02 CEO Lacked Standing to Challenge Computer Forensic Examination of Company-Owned Laptop:  United States v. Triumph Capital Group, Inc.
09/26/02 Appeals Court Authorizes Sanctions After Computer Forensic Examination Finds 950,000 "Nonexistent" E-mails:  Residential Funding Corporation v. DeGeorge Financial Corp.
09/13/02 Computer Forensic Examination Upheld on Appeal:  State v. Cook
09/13/02 Online Market Research Firm Violated Electronic Communications Privacy Act:  In re Pharmatrak
06/05/02 California Court of Appeals Rules That a Printout of Computer's Internal Operations is Not Hearsay:  People v. Hawkins
05/03/02 Computer Forensic Specialist Finds Deliberate Attempt to Destroy or Conceal Electronic Data in Trade Secrets Case:  RKI, Inc. v. Grimes
04/29/02 District Court Appoints Neutral Computer Forensics Expert in Copyright Case Involving Competing Businesses:  Antioch Co. v. Scrapbook Borders, Inc
04/03/02 Ninth Circuit Reversed Lower Court Ruling That E-mail Was Hearsay:  Sea-Land Service, Inc. v. Lozen International, LLC
03/29/02 Interior Department Sanctioned for Resisting E-mail Discovery Request:  Cobell v. Norton
03/07/02 Computer Forensics Examination Ordered To Determine Compliance With Preservation Order:  In re Triton Energy Limited Securities Litigation
02/22/02 Company-Owned Computer Used by Employee At Home is Subject to Discovery:  TBG Insurance Services Corporation v. Superior Court
02/11/02 Microsoft Averts Civil Rights Action Due to Plaintiff's Egregious Discovery Abuses and Misrepresentations in Court:  Jackson v. Microsoft Corp
2001  
10/17/01 Law Firm Disqualified After Nonlawyer Employee Improperly Conducted Computer Forensic Analysis:  Richards v. Jain
07/06/01 Search of Cell Phone's Memory Upheld on Appeal:  United States v. Wiseman
05/31/01 Electronic Evidence Used in Custody Dispute Despite Claims of Wiretap Act Violation:  White v. White
1999  
08/22/99 Nevada Supreme Court Rules That a Document Transmitted by E-mail is Subject to Attorney-Client Privilege:  Intel Corporation v. Hamidi



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