Another two years have elapsed (since October, 2023) since we last updated our cheat sheet devoted to ediscovery for defendants. That’s because finding good, pro-defense ediscovery decisions is a hard and time-consuming task – and getting harder. Unlike most of our other cheat sheets and scorecards, cases involving defense discovery of plaintiffs’ social media
Today’s case is not a drug or device case. It’s not even a products liability case. But it does deal with sanctions against a plaintiff and his counsel for intentional spoliation of text messages—conduct that could (and undoubtedly has) taken place in prescription medical product liability litigation. So, we’ve added Pable v. Chicago Transit Authority,
Today we have a guest post from Chris Campbell, Stephanie Peatman, and Sarah Carrier, all of DLA Piper, following up on a subject we wrote about not too long ago – ediscovery for defendants, but involving plaintiff’s devices that directly keep track of relevant health information, not social media. The more
This blog has long encouraged defendants in prescription medical product liability litigation to seek relevant ediscovery from plaintiffs. We even have an ediscovery cheat sheet with almost 250 favorable decisions either allowing defense-side ediscovery in personal injury cases or else sanctioning plaintiffs for spoliating sought-after electronic data. But we confess, we’ve been focused so firmly on social media and smartphones, where ediscovery from plaintiffs originated, that we have ignored the rising popularity of fitness trackers, Fitbits, smart watches, smart rings and similar devices (even clothing) being marketed to people who may eventually become plaintiffs. These products create a great deal of health-related (and other) information that is of obvious relevance in mass (and other) tort litigation.
What we found is that surprisingly few defendants seem to be seeking this type of information – at least there are very few decisions involving discovery of these devices.Continue Reading Ediscovery for Defendants – The New Frontier
This post is from the non-Reed Smith side of the blog.
Today we discuss two discovery orders from a case in the Northern District of California, Lin v. Solta Medical, Inc. In this case, Plaintiff, a California resident, alleged that she was burned by a skin treatment she received in Taiwan with the Thermage CPT device manufactured by Defendant. Plaintiff sought expansive discovery from Defendant while at the same time trying to restrict discovery plainly relevant to her own claims for her damages. The court didn’t buy it.Continue Reading Solid Discovery Orders in the Northern District of California
In our recent ediscovery for defendants update, we highlighted two of the twenty-eight cases we included as the most important: In re Tasigna (Nilotinib) Products Liability Litigation, 2023 WL 6064308 (Mag. M.D. Fla. Sept. 18, 2023), and Davis v. Disability Rights New Jersey, 291 A.3d 812 (N.J. Super. App. Div. March 16, 2023). Today we’re explaining why.Continue Reading The Two Most Significant New Ediscovery for Defendants Decisions
It’s been a while (since mid-2021) since we last updated our cheat sheet devoted to ediscovery for defendants. That’s because, unlike most of our other cheat sheets and scorecards, cases involving defense discovery of plaintiffs’ social media can be found in a wide variety of non-drug/device contexts – other personal injury, employment, civil rights, anything
It’s been a while (since mid-2020) since we last updated our cheat sheet devoted to ediscovery for defendants. That’s because, unlike most of our other cheat sheets and scorecards, cases involving defense discovery of plaintiffs’ social media can be found in a wide variety of non-drug/device contexts – other personal injury, employment, civil
It’s been a while. We have updated our cheat sheet devoted to ediscovery for defendants differently than most of our other cheat sheets and scorecards. The topic of discovery of plaintiffs’ social media is broad – such cases arise in a wide variety of non-drug/device contexts – other personal injury, employment, civil rights, occasionally even
We’ve repeatedly advocated that defendants try turn the e-discovery tables on plaintiffs whenever possible – particularly in MDLs where discovery is flagrantly one-sided – by going after plaintiffs’ social media information. In just about every case involving allegations of personal injuries, social media will have admissions by plaintiffs concerning their conditions and activities that concern