eDiscovery Daily Blog

• October 21, 2014

Yesterday, we gave you a pop quiz for the eDiscovery case law that we’ve covered since the beginning of August. If you’re reading the blog each day, these questions should be easy! Let’s see how you did. Here are the answers.

1.  In which case was a request for predictive coding NOT approved by the Court?:

A. Bridgestone Americas Inc. v. Int’l Bus. Mach. Corp.

B. Dynamo Holdings v. Commissioner of Internal Revenue

C. In re Bridgepoint Educ., Inc., Securities Litigation

D. Predictive Coding was approved in ALL of the above cases

2.  In which case did the Court state that searching for ESI should not be deemed a replacement for other discovery mechanisms?:

A. United States v. Univ. of Neb. at Kearney

B. Boston Scientific Corporation v. Lee

C. Mazzei v. Money Store

D. Bridgestone Americas Inc. v. Int’l Bus. Mach. Corp.

3.  In which case was a party sanctioned for failing to preserve data in a readable form?:

A. United States v. Univ. of Neb. at Kearney

B. Boston Scientific Corporation v. Lee

C. Mazzei v. Money Store

D. Bridgestone Americas Inc. v. Int’l Bus. Mach. Corp.

4.  In which case did the Court liken the plaintiff’s fall back willingness to compromise to “Eddie Haskell singing the Beaver’s praises to June Cleaver, only moments after giving him the business in private”?:

A. United States v. Univ. of Neb. at Kearney

B. Boston Scientific Corporation v. Lee

C. Mazzei v. Money Store

D. Bridgestone Americas Inc. v. Int’l Bus. Mach. Corp.

5.  In which case did the Court approve the plaintiff’s predictive coding plan, even though it was “switching horses in midstream”?:

A. United States v. Univ. of Neb. at Kearney

B. Boston Scientific Corporation v. Lee

C. Mazzei v. Money Store

D. Bridgestone Americas Inc. v. Int’l Bus. Mach. Corp.

6.  In which case did the Court approve use of predictive coding, disagreeing that it was “unproven technology”?:

A. Price Waicukauski & Riley v. Murray

B. Small v. University Medical Center of Southern Nevada

C. Melian Labs, Inc. v. Triology LLC

D. Dynamo Holdings v. Commissioner of Internal Revenue

7.  In which case did a client claim legal malpractice by its attorney firm for failing to review documents before production?:

A. Price Waicukauski & Riley v. Murray

B. Small v. University Medical Center of Southern Nevada

C. Melian Labs, Inc. v. Triology LLC

D. Dynamo Holdings v. Commissioner of Internal Revenue

8.  In which case was the plaintiff allowed to produce images instead of native files due to a joint stipulation between the parties?:

A. Price Waicukauski & Riley v. Murray

B. Small v. University Medical Center of Southern Nevada

C. Melian Labs, Inc. v. Triology LLC

D. Dynamo Holdings v. Commissioner of Internal Revenue

9.  In which case did the special master assigned to the case recommend default judgment against the defendant for failing to preserve data on several devices, including smartphones?:

A. Price Waicukauski & Riley v. Murray

B. Small v. University Medical Center of Southern Nevada

C. Melian Labs, Inc. v. Triology LLC

D. Dynamo Holdings v. Commissioner of Internal Revenue

10. In which case was privilege not waived on the defendant’s seized computer that was purchased by the plaintiff at auction?:

A. Bridgestone Americas Inc. v. Int’l Bus. Mach. Corp.

B. Boston Scientific Corporation v. Lee

C. Melian Labs, Inc. v. Triology LLC

D. None of the above*

*The answer is Kyko Global Inc. v. Prithvi Info. Solutions Ltd.

As always, please let us know if you have questions or comments, or if there are specific topics you’d like to see covered.

Disclaimer: The views represented herein are exclusively the views of the author, and do not necessarily represent the views held by CloudNine Discovery. eDiscoveryDaily is made available by CloudNine Discovery solely for educational purposes to provide general information about general eDiscovery principles and not to provide specific legal advice applicable to any particular circumstance. eDiscoveryDaily should not be used as a substitute for competent legal advice from a lawyer you have retained and who has agreed to represent you.