Exterro

At Exterro’s inFusion conference this week, one of the themes that cropped up several times was the importance of preparation and precision, both in crafting discovery requests and in objections. As the participating judges and other experts made clear, the revised Federal Rules of Civil Procedure make it quite clear that you must prepare requests

DriveTime Car Sales Company, LLC v. Pettigrew (S.D. Ohio April 18, 2019) re-emphasizes the high and “stringent” standard for granting an adverse inference instruction under FRCP 37(e)(2).
Overview:
In this defamation case between two airlines, the plaintiffs objected to the magistrate judge’s ruling, which prevented the plaintiff from compelling additional depositions of a third party.
The

E-Discovery, as an industry, is once again at an inflection point. For an industry that is only about 15 years old, it certainly has had a turbulent ride. While throughout the 1990s, more and more relevant information was being produced and maintained in electronic format, it wasn’t until 2003 that the obligation for organizations to

DriveTime Car Sales Company, LLC v. Pettigrew (S.D. Ohio April 18, 2019) re-emphasizes the high and “stringent” standard for granting an adverse inference instruction under FRCP 37(e)(2).
Overview:
In this fraud case between an employee and employer, the plaintiff filed motion for spoliation sanctions based on the defendant’s failure to preserve relevant text messages.
During discovery,