Remove Construction Remove Discovery Remove Evidence
article thumbnail

How Not to Negotiate an ESI Protocol? Say it is “Mandatory”; and, Demand That Discussions be Recorded

E-Discovery LLC

20, 2025), the court wrote: From the inception of this action, Counsel for the parties could not agree on the scope and methodology for ESI discovery. Second , plaintiffs service of a mandatory discovery plan was held to show a lack of cooperation. 26(f) requires a conference of the parties to discuss a discovery plan.

Discovery 130
article thumbnail

Relative Proportionality Argument Rejected

E-Discovery LLC

One of three defendants contended that the discovery propounded on it was not proportional because it was the least culpable of the three. Plaintiffs sought discovery “relat[ing] to other incidents involving Wiegand mountain coasters at Wisp Resort and elsewhere.” 16, 2024)(Bredar, J.), The Bender Court disagreed. Wiegand objected.

Discovery 130
Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

Trust Me:  Nothing in the Missing Video Would Have Helped You!

E-Discovery LLC

The Court denied an implied request for spoliation sanctions, writing: “Without evidence before it that there was a video, the Court declines to speculate that one existed.” The Court determined that there was a mere scintilla of evidence supporting causation due to a roof leak. In this blog, I suggest a different analysis.

Evidence 130
article thumbnail

Legalweek 2025: Judges Signal New Competency Standards in AI-Era Discovery

Complex Discovery

Editor’s Note: Courts are sending a clear message: technical fluency is no longer optional in the world of modern discovery. The panel, moderated by Patrick Oot, Partner at Shook Hardy and a Chambers-ranked litigator in data and discovery strategies, assembled an exceptional cross-section of judicial perspectives.

article thumbnail

Three Key eDiscovery Lessons from Domus BWW Funding v. Arch Insurance Company

Next Generation E-Discovery Law & Tech Blog

In its first eDiscovery failing, Arch Insurance did not issue a litigation hold until four years after having constructive notice of the claim. Employees at Arch Insurance identified relevant ESI, but due to what the court identified as a lack of supervision by counsel, critical potential evidence was mishandled.

article thumbnail

Meta Faces €91 Million Fine Over Password Storage Lapse

Complex Discovery

Despite Meta’s assertion that there is no evidence these passwords were accessed improperly or abused, the regulatory body deemed the storage method as a serious risk. “It The company stated, “We took immediate action to fix this error, and there is no evidence that these passwords were abused or accessed improperly.

Evidence 105
article thumbnail

Guest Post: The Caselaw Access Project — Then, Now, Tomorrow

Law Sites

There was a time when they were needed to assist the discovery and understanding of the law. The real contribution was constructing the robust “plumbing” through which we could deliver the data to others. For a while it was hard to know what people were doing, but now we can start to see the evidence.