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Electronically Stored Information Appellate Courts

EDRM - Electronic Discovery Reference Model

Criminal Conviction Reversed After State Failed to Timely & Fully Disclose its Use of a Type of Artificial Intelligence

“After a one-day trial in the Circuit Court for Montgomery County, a jury found Craig Donnell Johnson guilty of robbery. Before trial, Mr. Johnson had filed a motion to dismiss the case, arguing that the State had withheld...more

EDRM - Electronic Discovery Reference Model

7th Circuit Affirms Dismissal and Monetary Sanctions Against Both Attorney and Client

In this alleged wrongful termination and retaliation case, a “whistleblower” complaint was dismissed and monetary sanctions were also imposed. Pable v. Chicago Transit Authority, __ F. 4th __, 2025 WL 2102202 (7th Cir. Jul....more

Warner Norcross + Judd

Employment Terminations Based on “Cultural Fit”: A Cautionary Tale for Employers

Warner Norcross + Judd on

On June 17, the U.S. Court of Appeals for the Sixth Circuit issued Kean v. Brinker International, Inc., an opinion that reverses summary judgment for the employer and sends a former Chili’s general manager’s Age...more

EDRM - Electronic Discovery Reference Model

En Banc Fourth Circuit Geofence Decision is Splintered

In U.S. v. Chatrie, __ F. 4th __, 2025 WL 1242063 (4th Cir. Apr. 30, 2025)(en banc), the Court issued a per curiam affirmance of the District Court’s geofence decision. Fourteen judges joined in that decision. There were...more

Carlton Fields

Snap, Crackle, Remove: Gamesmanship or Winning Strategy? The What, When, and Where of Snap Removal

Carlton Fields on

Snap removal is a rare but useful procedural device to remove an action from state to federal court under the diversity jurisdiction rules, even when the plaintiff’s complaint names an in-state defendant as a party....more

EDRM - Electronic Discovery Reference Model

Exclusive Report: New Appellate Court Opinions on Artificial Intelligence and Hallucinations

I unearthed important new case law this week that has never been seen before or discussed. This article gives an exclusive report of three appellate court opinions that discuss artificial intelligence and hallucinations. This...more

EDRM - Electronic Discovery Reference Model

Elimination of Judicial Disappearing Ink in Maryland

The Supreme Court of Maryland has approved a proposal to eliminate judicial disappearing ink. However, Maryland has not followed the approach of the Federal Rules of Appellate Procedure.  Those differences may present an...more

Quinn Emanuel

Business Litigation Report - July 2017

Quinn Emanuel on

Article: July 2017: A Practical Guide to Spoliation Sanctions Under Amended Rule 37(e) - Federal Rule of Civil Procedure 37(e), addressing the availability of sanctions for failure to preserve electronically stored...more

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