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Important Decisions/Case Law

Important Decisions/Case Law

• The Fifth Circuit Court of Appeals reversed a lower court's decision to limit recoverable costs in Steve Moore et al v CITGO Refining. In a split decision, Judges Smith and Henderson determined that not only were sanctions against plaintiffs warranted for the destruction of relevant emails, but also that CITGO, as the prevailing party, should not be penalized in its attempts at remuneration simply because they are a large profitable company. (Judge Dennis concurred in part and dissented in part.) Case: 12-41175, Fifth Circuit Court of Appeals, decision filed November 12, 2013; Original Case Number: 2:2011cv00022; Filed: February 1, 2011, SD TX.

• Judge Herndon fines defendants Boehringer Ingelheim International and Boehringer Ingelheim Pharmaceuticals, Inc. $931,500 for failure to produce text messages. In Re Praxada, Case 3:12-md-02385-DRH-SCW, Opinion filed 12/9/13. [Sanctions]

Lester v. Allied Concrete (Nos. CL.08-150, CL09-223 (Va. Cir. Ct. Sept. 1, 2011) resulted not just in sanctions, but the suspension of the plaintiff’s attorney for 5 years after the attorney directed his client to delete photos and posts from his Facebook page after a discovery request. [Social Media/Sanctions]

In Re: Biomet M2a Magnum Hip Implant Products Liability Litigation, (MDL 2391); Cause No. 3:12-MD-2391, Northern District of Indiana. The judge allowed keyword filtering prior to using computer assisted review/predictive coding, given the volume of documents. The judge also rejected a request for production of the non-responsive documents from the seed set, stressing that the parties should cooperate with each other on a protocol. [TAR/CAR]

In Re Citigroup Inc Securities Litigation, Order by Judge Stein SD NY, 8/1/2013, Case 1:07-cv-09901-SHS. Little excuse to delegate doc review to other than low-cost contract attorneys. [Review case].

EEOC v The Original Honeybaked Ham Co, Case 1:11-cv-02560-MSK-MEH, Order filed 02/27/13, USDC Colorado. Judge orders social media discovery; levies sanctions for delays in producing. [Social Media].

Theresa Giacchetto v Patchogue-Medford Union Free School District, ED NY; Case 2:11-cv-06323-ADS-AKT, Order Filed 06/13/13. Judge orders discovery of social media but limits scope. [Social Media].

Branhaven LLC v Beeftek Inc, CIVIL NO. WDQ-11-2334, US Maryland, Order signed January 4, 2013. Judge sanctions plaintiff for delay in hiring discovery vendor and producing with pdf files. [Sanctions].

EORHB Inc. v HOA HOLDINGS LLC, Court of Chancery of Delaware; (Cite as: 2013 WL 1960621 (Del.Ch.)), Order issued May 16, 2013. Judge Laster reverses and allows plaintiff linear review and defendants technology-assisted review. [TAR/CAR].

Important Ethics Opinions

•  American Bar Association: Formal Opinion 08-451 (August 5, 2008), Lawyer’s Obligations When Outsourcing Legal and Nonlegal Support Services

•  Supreme Court of Ohio: Opinion 2009-6 (August 14, 2009)

•  North Carolina State Bar: 2007 Formal Ethics Opinion 12 (April 25, 2008), Outsourcing Legal Support Services

•  The Florida Bar: Opinion 07-2 (January 18, 2008)

•  San Diego County Bar Association: Ethics Opinion 2007-1 (January 2007)

•  Association of the Bar of the City of New York: Formal Opinion 2006-3 (August 2006)

•  Los Angeles County Bar Association: Opinion No. 518 (June 19, 2006), Ethical Considerations in Outsourcing of Legal Services Summary