Mealey's Litigation Report: Discovery covers how different districts and judges interpret federal discovery rules, procedural changes, the work product, attorney-client and common interest privileges, discovery abuse, sanctions, preservation of records, and proprietary information; it also focuses on e-discovery, including the production of electronic evidence, the cost of digital discovery and who pays for it, and disputes over identifying anonymous online message authors. Since discovery affects all practice areas, the report helps plaintiff and defense attorneys and in-house counsel in toxic torts, drugs and devices, health care, intellectual property, employment, insurance, and more. Published monthly. Featured Stories
Wiping of BlackBerries Prompts Magistrate Judge To Impose Adverse Inference
TAMPA, Fla. — A federal magistrate judge in Florida on Aug. 31 imposed an adverse inference jury instruction against a defendant company accused of violating the Computer Abuse and Fraud Act after finding that the BlackBerries used by three of its employees were wiped of data and that the deletion of the information could only be done intentionally (Southeastern Mechanical Services Inc. v. Norman Brody, et al., No. 08-CV-1151-T-30EAJ, M.D. Fla.).
11th Circuit Upholds Dismissal Of Woman’s Tainted Peanut Butter Case
ATLANTA — A panel of the 11th Circuit U.S. Court of Appeals on Sept. 14 affirmed the dismissal of a woman’s claims against a peanut butter manufacturer accused of sickening hundreds of people with its tainted product, agreeing that the plaintiff failed to adhere to the trial court’s orders (Bertha Dinkens v. ConAgra Foods Inc., No. 08-16245, 11th Cir.; 2009 U.S. App. LEXIS 20416).
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