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“Self Help” Discovery Results in Striking of Wrongfully Obtained Evidence

E-Discovery LLC

At its most general level, the holding was that a litigant may not invoke the courts to assert their legal rights, then engage in extralegal conduct. In the Courts words, the sanction alleviated prejudice to the employer and signals to Campbell and other litigants that one must deal honestly before the courts. 25, 2025)(Bredar, J.),

Evidence 130
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Request to Appoint Neutral Forensic Expert Denied as Speculative and Unsupported

E-Discovery LLC

24, 2025), the court imposed sanctions on a pro se litigant who, in the courts words, has engaged in unseemly behavior towards counsel as well as improper discovery litigation. In Rivera v. Costco Wholesale Corporation , 2025 WL 295667 (D. UPS Ground Freight, Inc., 17-cv-30162-MGM, 2019 WL 3290346, 2019 U.S. LEXIS 121277, at *11 (D.

Discovery 130
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How Not to Conduct a Meet and Confer or Comply With an ESI Protocol

E-Discovery LLC

More motions were filed and the court wrote: While this was all being briefed, the parties filed numerous responses, replies, affidavits, declarations, documents, and Court-ordered joint notices in which they continued to bicker about every possible aspect of discovery in this case. Emphasis in original].

Discovery 130
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Employer Erred by Downloading Former Employee’s Personal Email; But, Failure to Preserve it Was Not Spoliation; and, There Was a Gap in Employee Handbook Clause Permitting Employer Access Post-Termination

E-Discovery LLC

The decision reinforces the need for carefully-designed, proactive, and comprehensive information governance and litigation hold procedures. Mr. Hughey said in an affidavit (offered into evidence by both HHI and Mr. Shapiro) that he mapped Mr. Shapiro’s email account onto two HHI computers. 19, 2021). [1]

Evidence 130
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Two Recent Decisions Imposing Sanctions for Discovery Failures

E-Discovery LLC

Bentons and (according to an affidavit) Ms. In an affidavit, Doroshenko testified that he heard nothing from West in response to the deficiency letter and emailed West asking for an explanation on July 14, 2023. There are cases where litigants are being directed to support their discovery positions under oath. 10, 2024).

Discovery 130
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Requesting Parties Are Denied “Input” Into Producing Party’s Search Terms

E-Discovery LLC

In Tremblay, after the second denial, the court continued: It appears that Plaintiffs now seek to litigate that issue for a third time, and by doing so, it appears that the objective of the courts initial ruling (i.e., Sedona emphasizes the goal and value of cooperation. at 77, passim.

Discovery 130
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“Order on Proposed ESI Order” – Is There a Better Mousetrap?

E-Discovery LLC

The Court, however, considers this letter given that Deckers filed an improper affidavit earlier the same day, stating its position.” The court also wrote: “Quince’s September 5, 2024 letter violates the Court’s procedures for resolving discovery disputes, which requires the filing of joint discovery letters.

Discovery 130