Our Insights on eDiscovery

In the In re Broiler Chicken Antitrust Litigation, Illinois Magistrate Judge Jeffrey T. Gilbert denied defendant Agri Stats’ Motion for Protective Order, ruling the defendant “Has Not Made a Threshold Showing” that the information requested by the End User Consumer Plaintiffs (“EUCPs”) was not reasonably accessible because of undue burden or cost (and even if they had, the EUCPs had shown good cause for requesting custodial searches of ESI for the entire time frame set forth in the ESI Protocol) and that Agri Stats “Does Not Satisfy the Rule 26(b)(2)(C) Factors” to limit discovery.

In US v SuperValu, Illinois District Judge Richard Mills ruled against sanctions requested by the defendants at this time, even though the relators didn’t “live up to their discovery obligations.”

In Curtis v. Progressive N. Ins. Co., Oklahoma District Judge Robin J. Cauthron, noting that the non-party “subpoena at issue does not require the travel or attendance of any witnesses and Plaintiff is requesting the production of electronic documents”, found that “there is no violation of the 100-mile limitation for electronic documents pertaining to Rule 54” and granted the plaintiff’s Motion to Compel Compliance with Subpoena directed to the non-party.

eDiscovery Case Week continues during The Discovery Channel’s Shark Week (that’s the other discovery)! Legal precedents set by past case law decisions remain one of the best ways to guide lawyers on how to do their job and avoid mistakes made by others, especially when it relates to eDiscovery best practices. Are you aware of recent case law decisions related to eDiscovery best practices and what that those decisions mean to your organization? Get up to date today!

In Carpenter v. U.S., The United States Supreme Court (SCOTUS) held, in a 5–4 decision authored by Chief Justice Roberts, that the government violates the Fourth Amendment to the United States Constitution by accessing historical records containing the physical locations of cellphones without a search warrant.

In Shenwick v. Twitter, Inc., California Magistrate Judge Sallie Kim ruled on several discovery disputes between the parties, including denial of a request by the plaintiffs to order the defendants to produce protected direct messages of individual custodians who are not parties.