Federal Court affirms District Court’s judgement denying general and specific jurisdiction over Japanese company and its U.S. subsidiary

On March 24, 2017, the Ninth Circuit Court of Appeals affirmed the District Court’s dismissal for lack of personal of plaintiffs-appellants’ claims against Yamaha Motor Corporation, U.S.A. (YMUS), in an action alleging violations of federal and state warranty law and other claims, brought by appellants who purchased allegedly defective outboard motors that Yamaha Motor Co. […]

SCOTUS to decide whether a warrant is needed to obtain location data from cellphone carriers

On June 5, 2017, the Supreme Court granted a writ of certiorari to review the decision by the Sixth Circuit holding that the protection granted under the Fourth Amendment did not prevent the government to access business records from the defendants’ wireless carriers revealing the user’s location without obtaining a warrant. In Carpenter v. United States […]

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NY Court of Appeals dismissed Facebook’s appeal on motion to quash 381user accounts’ search warrants

On April 4, 2017, New York Court of Appeals ruled that it does not have authority to hear Facebook’s appeals against motions to quash search warrants issued under the Stored Communications Act (SCA). By way of background. Facebook appealed a September 17, 2013 New York County trial court’s sealed order containing bulk SCA search warrants directing […]

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Sanction Granted for Spoliation when Defendant Relied on Third Party to Preserve ESI

On February 24, 2017, the US District Court for the Northern District of California imposed sanction on a party failing to preserve electronically stored information (ESI) transferred in the sale of business. In this action for breach of duties under ERISA, the Court granted Plaintiffs’ motion for sanctions for spoliation of evidence. An insurance company […]

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Compelling password production does not violate the Fifth Amendment

On March 20, 2017, the Third Circuit affirmed a ruling of contempt over an Appellant’s claimed inability to remember his drive-decryption passwords. The issue in appeal was whether the Government has the right to compel owners to cooperate in the decryption of digital devices after the Government seizes those devices pursuant to a valid search […]

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Use of a file-sharing site without password was found to constitute a waiver of attorney-client privilege and work product protection

On February 9, 2017, a Virginia District Court deemed that the posting of privileged information on the web without protection results in a waiver. In this case, Harleysville Insurance Company, (“Harleysville”) sued the defendants, Holding Funeral Home, Inc. seeking a declaratory judgment that it did not owe them fire loss claim. (Incidentally, the District Court […]

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Data Breach Class Actions dismissed for lack of injury-in-fact requirement

On February 6, 2017, the Court of Appeals for the Fourth Circuit affirmed a district court judgement’s dismissal of two data breach class actions for lack of subject-matter jurisdiction:  Plaintiffs failed to establish a non-speculative, imminent injury-in-fact identity theft after a 2013 and 2014 data breach. This was a consolidated appeal of veterans against William Jennings Bryan […]

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California federal court allows service of process on foreign defendant via Twitter

On September 30, 2016, a California federal court granted permission to serve process through Twitter on a foreign defendant. Plaintiff St. Francis Assisi (a non-profit corporation) sued the defendants Kuwait Finance House, Kuveyt-Turk Participation Bank Inc., and Hajjaj al-Ajmi (an individual) for damages and equitable relief arising from the defendants’ financing of the terrorist organization Islamic […]

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Baxter v. Anderson, 2016 U.S. Dist. LEXIS 110687 (M.D. La. Aug. 18, 2016)

Court Limits Request for Social Media to Certain Relevant Information On August 19, 2016, a Louisiana Middle District Court granted a motion to compel discovery of social media postings. In this personal injury case, Movant sought, among other requests, an order compelling a “more complete responses” to his request for production concerning plaintiff’s social networking […]

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