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LexisNexis® Mealey's™ Discovery Legal News
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Headline Discovery Legal News from LexisNexis®
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3rd Circuit Reverses Ruling Dismissing Case As Sanction For Spoliation
PHILADELPHIA - A Third Circuit U.S. Court of Appeals panel on Jan. 4 ordered a new trial in an employment discrimination case against United Parcel Service Inc. (UPS) after finding that a federal judge in New Jersey abused his discretion when dismissing the woman's action as a sanction for her failure to produce original copies of two doctors' notes until after a mistrial was declared (Laureen Bull v. United Parcel Service Inc., No. 10-4339, 3rd Cir.; 2012 U.S. App. LEXIS 54).
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3rd Circuit Affirms Federal Judge's Imposition Of Dismissal Sanctions
PHILADELPHIA - A Third Circuit U.S. Court of Appeals panel on Jan. 10 upheld a federal judge's ruling that a former economics doctoral candidate's failure to comply with discovery requests from the University of Pennsylvania warranted the imposition of dismissal sanctions (Jiri Pik v. University of Pennsylvania, No. 11-3260, 3rd Cir.; 2012 U.S. App. LEXIS 482).
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Judge Orders Plaintiff's Counsel To Pay Fees Incurred In Retrieving Records
PHOENIX - A federal judge in Arizona granted in part a motion for sanctions brought by a health care company named as a defendant in a False Claims Act (FCA) lawsuit after finding that counsel for the plaintiff, a former employee, should pay the attorney fees the company incurred when trying to retrieve privileged documents that the plaintiff's counsel were withholding (United States of America, ex rel. Jerre Frazier v. IASIS Healthcare Corp., No. 05-cv-766-RCJ, D. Ariz.).
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Magistrate Judge Refuses To Sanction Facebook, Founder For Failure To Disclose
BUFFALO, NY - A federal magistrate judge in New York on Jan. 10 refused to enter sanctions or a finding of contempt against Facebook founder Mark Zuckerberg in a breach of contract suit, after finding that his counsel did not engage in fraud on the court regarding the disclosure and searching of five computers (Paul D. Ceglia v. Mark Elliot Zuckerberg, et al., No. 10-CV-00569A, W.D. N.Y.; 2012 U.S. Dist. LEXIS 3032).
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Facebook Awarded Sanctions Against Purported Co-Owner For Discovery Delays
BUFFALO, NY - Calling a plaintiff's attempts to excuse his noncompliance with two discovery orders "feeble," a New York federal magistrate judge on Jan. 10 granted sanctions to Facebook Inc. and its owner Mark Zuckerberg against a main claiming to own more than 50 percent interest in the social network (Paul D. Ceglia v. Mark Elliott Zuckerberg, et al., No. 10-cv-569, W.D. N.Y.; 2012 U.S. Dist. LEXIS 3035).
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Judge Denies Parties' Sanctions Requests In Excessive Force Case
EAST ST. LOUIS, Ill. - A federal judge in Illinois on Jan. 13 denied motions for discovery sanctions filed by parties in an excessive force case after finding that their disputes over untimely document productions and missing evidence should have been resolved amicably or before the magistrate judge (La Cresha Williams v. City of Madison, et al., No. 09-cv-968, S.D. Ill.; 2012 U.S. Dist. LEXIS 4264).
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Magistrate Judge Allows Former Employee To Search Supervisor's Personal Computer
RALEIGH, N.C. - A federal magistrate judge in North Carolina on Dec. 22 denied a nonparty's request to modify a subpoena to prevent a former employee from searching his personal computer because a search using the proper keywords could reasonably lead to the discovery of admissible evidence (Raymond Wood Jr. v. Town of Warsaw, North Carolina, No. 10-CV-00219-D, E.D. N.C.).
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Judge Affirms Ruling Barring Review Of Files From Unallocated Space
NEWARK, N.J. - A federal judge in New Jersey on Dec. 9 refused to modify a magistrate judge's Sept. 9 ruling that relieved plaintiffs in a breach of contract case from conducting a privilege review of 95 million pages of documents that were found in unallocated space in the company's computer system (I-Med Pharma Inc. v. Biomatrix Inc., No. 03-3677, D. N.J.).
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Magistrate Judge: Plaintiff Should Pay For Additional Electronic Discovery
NEW HAVEN, Conn. - A plaintiff and counterclaimant in a breach of contract suit should bear the costs incurred in searching for electronically stored information on defendants' servers using additional search terms, a federal magistrate judge in Connecticut ruled Jan. 17 (Andrew Kopperl v. Kent S. Bain, et al., No. 09 CV 1754, D. Conn.; 2012 U.S. Dist. LEXIS 4797).
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Insurer Not Guilty Of Bad Faith, Spoliation Related To Vehicle Recall, Judge Says
CHARLESTON, W.Va. - An insurer did not have any legal duty to preserve a car involved in an accident after the insureds' claim was settled, a West Virginia federal judge ruled Dec. 12, finding no bad faith on the insurer's part and granting its motion for summary judgment (Teresa Varney, et al. v. Nationwide Mutual Insurance Co., et al., No. 2:11-cv-00205, S.D. W.Va.; 2011 U.S. Dist. LEXIS 142812).
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