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Griffin v. State, 2010 Md. App. LEXIS 87 (Md. Ct. Spec. App. May 27, 2010).
Social media profiles on MySpace or Facebook could be authenticated circumstantially by their content and context in the same manner as other forms of electronic communications.
Social media profiles on MySpace or Facebook could be authenticated circumstantially by their content and context in the same manner as other forms of electronic communications.
United States Gypsum Co. v. Lafarge North America Inc., 2009 U.S. Dist. LEXIS 99773 (N.D. Ill. Oct. 27, 2009).
Plaintiff's computer forensics expert was allowed to testify regarding steps taken by plaintiff to protect its electronically stored trade secrets, and defendant's computer forensics expert was allowed to provide his opinion concerning "intrinsic weaknesses" he perceived in the reports of plaintiff's expert. However, both experts were barred from offering opinions as to intent of the parties in handling electronic information.
Plaintiff's computer forensics expert was allowed to testify regarding steps taken by plaintiff to protect its electronically stored trade secrets, and defendant's computer forensics expert was allowed to provide his opinion concerning "intrinsic weaknesses" he perceived in the reports of plaintiff's expert. However, both experts were barred from offering opinions as to intent of the parties in handling electronic information.
Complete Conference Coordinators, Inc. v. Kumon North America, Inc., 2009 Ill. App. LEXIS 790 (Ill. App. Ct. 2d Dist. Aug. 14, 2009).
An Illinois appellate court declined to adopt a rule that an opponent's production of email in discovery authenticated the email.
An Illinois appellate court declined to adopt a rule that an opponent's production of email in discovery authenticated the email.
Kendrick v. Standard Fire Insurance Co., 2009 U.S. Dist. LEXIS 126638 (E.D. Ky. Mar. 31, 2009).
Defendant's Daubert challenge to plaintiff's expert in support of class certification was denied. The expert's opinion was limited to the question whether data supplied by defendants was compatible with geocoding software and did not address whether any particular software was accurate.
Defendant's Daubert challenge to plaintiff's expert in support of class certification was denied. The expert's opinion was limited to the question whether data supplied by defendants was compatible with geocoding software and did not address whether any particular software was accurate.
Eastview Healthcare, LLC v. Synertx, Inc., 2009 Ga. App. LEXIS 225 (Ga. Ct. App. Mar. 3, 2009).
Email produced by defendants in support of their counterclaims and used by plaintiff to contest the counterclaims could not be used by defendants to contest plaintiff’s claims unless the email was first authenticated by defendants.
Email produced by defendants in support of their counterclaims and used by plaintiff to contest the counterclaims could not be used by defendants to contest plaintiff’s claims unless the email was first authenticated by defendants.
Powertronix Corp. v. PV Powered, Inc., 2009 U.S. Dist. LEXIS 4934 (N.D. Cal. Jan. 14, 2009).
A motion to dismiss a complaint that referred to purchase orders with terms and conditions posted on a website was denied because electronic discovery would be needed to determine the contents of the website at the time the purchase orders were placed.
A motion to dismiss a complaint that referred to purchase orders with terms and conditions posted on a website was denied because electronic discovery would be needed to determine the contents of the website at the time the purchase orders were placed.
Washington v. State, 2008 Md. LEXIS 622 (Md. Dec. 12, 2008).
Maryland’s highest court reversed defendant’s conviction and twenty-year sentence for assault with a weapon because a videotape made from digital camera recordings of the crime scene was not authenticated through testimony of the technician who made the videotape.
Maryland’s highest court reversed defendant’s conviction and twenty-year sentence for assault with a weapon because a videotape made from digital camera recordings of the crime scene was not authenticated through testimony of the technician who made the videotape.
Kayongo-Male v. South Dakota State University, 2008 U.S. Dist. LEXIS 51602 (D.S.D. Jul. 3, 2008).
Plaintiff’s motion to strike testimony of defendant’s expert, who allegedly used regression analyses of defendant rather than his own regression analysis, was denied. However, defendant was ordered to produce an electronic copy of the raw data from defendant’s database that the expert used to conduct his own analysis.
Plaintiff’s motion to strike testimony of defendant’s expert, who allegedly used regression analyses of defendant rather than his own regression analysis, was denied. However, defendant was ordered to produce an electronic copy of the raw data from defendant’s database that the expert used to conduct his own analysis.
Bell v. Rochester Gas & Electric Corp., 2008 U.S. Dist. LEXIS 24521 (W.D.N.Y. Mar. 26, 2008).
An employee’s claim of discriminatory discharge was dismissed following the court’s finding that a printout found in the employer’s copy room of an email with racist language was not authenticated as a bona fide email message.
An employee’s claim of discriminatory discharge was dismissed following the court’s finding that a printout found in the employer’s copy room of an email with racist language was not authenticated as a bona fide email message.
Nucor Corp. v. Bell, 2008 U.S. Dist. LEXIS 86328 (D.S.C. Jan. 11, 2008).
After a Daubert hearing on the qualifications of the parties’ computer forensics experts, the court excluded testimony of an expert that a particular program to wipe data had been downloaded, installed, and used on a laptop computer. Although the laptop had large blocks of “zeros” that the expert theorized could have been created by use of a secure delete function of the program, the version of the program placed on the laptop did not have a secure delete function.
After a Daubert hearing on the qualifications of the parties’ computer forensics experts, the court excluded testimony of an expert that a particular program to wipe data had been downloaded, installed, and used on a laptop computer. Although the laptop had large blocks of “zeros” that the expert theorized could have been created by use of a secure delete function of the program, the version of the program placed on the laptop did not have a secure delete function.
Wells v. Xpedx, 2007 U.S. Dist. LEXIS 67000 (M.D. Fla. Sept. 11, 2007).
Email sent by plaintiff and attached as exhibits to plaintiff's opposition to defendant's motion for summary judgment were authenticated because defendant had produced the email during discovery.
Email sent by plaintiff and attached as exhibits to plaintiff's opposition to defendant's motion for summary judgment were authenticated because defendant had produced the email during discovery.
State v. Rivas, 2007 Ohio App. LEXIS 3299 (Ohio Ct. App. Jul. 13, 2007).
Defendant's conviction was overturned because the trial court failed to conduct an in camera review of police department computer hard drive data to verify the accuracy of transcripts compiled from chat room recordings on the hard drive and used against defendant.
Defendant's conviction was overturned because the trial court failed to conduct an in camera review of police department computer hard drive data to verify the accuracy of transcripts compiled from chat room recordings on the hard drive and used against defendant.
Sklar v. Clough, 2007 U.S. Dist. LEXIS 49248 (N.D. Ga. Jul. 6, 2007).
Objections to exhibits attached to plaintiff's summary judgment motion, including internet printouts, email, and PowerPoint presentations, were overruled. The documents were either authenticated by the fact that they were produced by defendants during discovery or because, if hearsay, the documents could be reduced to admissible evidence at trial.
Objections to exhibits attached to plaintiff's summary judgment motion, including internet printouts, email, and PowerPoint presentations, were overruled. The documents were either authenticated by the fact that they were produced by defendants during discovery or because, if hearsay, the documents could be reduced to admissible evidence at trial.
Lorraine v. Markel American Ins. Co., 2007 U.S. Dist. LEXIS 33020 (D. Md May 4, 2007).
After discovery, both parties moved for summary judgment to enforce a private arbitrator's award that certain damage to plaintiff's yacht was caused by lightening. Defendant sought to uphold the arbitrator's decision limiting the extent of plaintiff's damages; Plaintiff argued the arbitrator had exceeded his authority by liminting those damages. In denying both motions, the court held that emails attached to the both motions and offered as parol evidence were inadmissible due to parties' failure to lay the appropriate evidentiary foundation.
After discovery, both parties moved for summary judgment to enforce a private arbitrator's award that certain damage to plaintiff's yacht was caused by lightening. Defendant sought to uphold the arbitrator's decision limiting the extent of plaintiff's damages; Plaintiff argued the arbitrator had exceeded his authority by liminting those damages. In denying both motions, the court held that emails attached to the both motions and offered as parol evidence were inadmissible due to parties' failure to lay the appropriate evidentiary foundation.
Hutchens v. Hutchens-Collins ("Hutchens ll"), 2007 U.S. Dist. LEXIS 7436 (D. Ore. Jan. 30, 2007).
Costs of an expert witness retained to authenticate documents on a website were taxable costs to be awarded to the prevailing party only to the extent allowed for fact witnesses or $40 per day.
Costs of an expert witness retained to authenticate documents on a website were taxable costs to be awarded to the prevailing party only to the extent allowed for fact witnesses or $40 per day.
Hutchens v. Hutchens-Collins ("Hutchens l"), 2006 U.S. Dist. LEXIS 87187 (D. Ore. Nov. 30, 2006).
Documents of plaintiff found by defendant's attorney on an internet site with public access were not subject to requirements of Fed. R. Civ. P. 34 and were sufficiently authenticated for use in support of defendant's successful summary judgment motion.
Documents of plaintiff found by defendant's attorney on an internet site with public access were not subject to requirements of Fed. R. Civ. P. 34 and were sufficiently authenticated for use in support of defendant's successful summary judgment motion.
Inventory Locator Service, LLC v. PartsBase, Inc., 2006 U.S. Dist. LEXIS 39521 (W.D. Tenn. Jun. 14, 2006).
Allegations supported by expert analysis that a party fabricated electronic evidence warranted appointment of a special master to determine the authenticity of allegedly altered server-logs.
Allegations supported by expert analysis that a party fabricated electronic evidence warranted appointment of a special master to determine the authenticity of allegedly altered server-logs.
United States v. Safavian, 2006 U.S. Dist. LEXIS 32284 (D.D.C. May 23, 2006).
Most of 260 email documents which defendant sought to have excluded as evidence during his trial were properly authenticated by the government. After reviewing each email for admissibility, the court decided that 13 email documents would not be admitted at trial.
Most of 260 email documents which defendant sought to have excluded as evidence during his trial were properly authenticated by the government. After reviewing each email for admissibility, the court decided that 13 email documents would not be admitted at trial.
St. Luke's Cataract & Laser Institute, P.A. v. Sanderson, 2006 U.S. Dist. LEXIS 28873 (M.D. Fla. May 12, 2006).
A motion to admit evidence of the appearance of web pages on various dates was denied because an affidavit of the administrative director for Internet Archive submitted two years earlier in unrelated litigation did not meet requirements for authentication of the evidence.
A motion to admit evidence of the appearance of web pages on various dates was denied because an affidavit of the administrative director for Internet Archive submitted two years earlier in unrelated litigation did not meet requirements for authentication of the evidence.
McCaninch v. Federal Express Corporation, 2005 U.S. Dist. LEXIS 27390 (S.D. Iowa November 8, 2005).
Emails produced by employee in plaintiff's action claiming gender discrimination were properly authenticated and thus admissible in evidence.
Emails produced by employee in plaintiff's action claiming gender discrimination were properly authenticated and thus admissible in evidence.
Portis v. City of Chicago,, 2005 U.S. Dist. LEXIS 18241 (N.D. Ill. Aug. 24, 2005).
In a civil rights class action against a city for arresting violators of ordinances that provided only for fines, plaintiffs had compiled a database from city records that the city then obtained through discovery following a court order to pay a share of the cost of compiling the database (Portis II). In a later decision, the court held that the city could depose the plaintiffs' computer consultant and could require answers to questions concerning the consultant's compensation and previous affidavits he had filed concerning the database (Portis III).
In a civil rights class action against a city for arresting violators of ordinances that provided only for fines, plaintiffs had compiled a database from city records that the city then obtained through discovery following a court order to pay a share of the cost of compiling the database (Portis II). In a later decision, the court held that the city could depose the plaintiffs' computer consultant and could require answers to questions concerning the consultant's compensation and previous affidavits he had filed concerning the database (Portis III).
Heveafil Sdn. Bhd. v. United States, 2001 Ct. Intl. Trade LEXIS 25 (Ct. Int'l Trade Feb. 27, 2001).
In an antidumping proceeding concerning extruded rubber thread, the U.S. Department of Commerce acted within its discretion in refusing to examine "bill of materials" evidence that a Malaysian producer had downloaded to a disk because it was not a document generated in the course of ordinary business. The producer had purged bill of materials evidence from its computer system after making the disk.
In an antidumping proceeding concerning extruded rubber thread, the U.S. Department of Commerce acted within its discretion in refusing to examine "bill of materials" evidence that a Malaysian producer had downloaded to a disk because it was not a document generated in the course of ordinary business. The producer had purged bill of materials evidence from its computer system after making the disk.
Pope v. State, 740 N.E.2d 1247, 2000 Ind. App. LEXIS 2125 (Ind. Ct. App. Dec. 28, 2000).
Affirming admission of emails from defendant's computer with attached child pornography; emails were "inextricably intertwined" with charges of possession of child pornography.
Affirming admission of emails from defendant's computer with attached child pornography; emails were "inextricably intertwined" with charges of possession of child pornography.
Superhighway Consulting, Inc. v. Techwave, Inc., 1999 U.S. Dist. LEXIS 17910 (N.D. Ill. Nov. 15, 1999).
Production of emails during discovery from the parties' own files sufficient to establish self-authentication.
Production of emails during discovery from the parties' own files sufficient to establish self-authentication.
Monotype Corp. PLC v. International Typeface Corp., 43 F. 3d 443 (9th Cir. 1994).
In a dispute between two typeface design competitors, in-house customer email reflecting disparaging email from one of the competitors was excluded from evidence. The customer's email was prejudicial and not a business record admissible under the Fed. R. Evid. 803(b) business record exception.
In a dispute between two typeface design competitors, in-house customer email reflecting disparaging email from one of the competitors was excluded from evidence. The customer's email was prejudicial and not a business record admissible under the Fed. R. Evid. 803(b) business record exception.
United States v. Catabran, 836 F.2d 453 (9th Cir. 1988).
General ledger computer printouts were admissible as a business record under F. R. Evid. 803(6) in a trial for concealing assets. The court held that "[a]ny question as to the accuracy of the printouts, whether resulting from incorrect data entry or the operation of the computer program, as with inaccuracies in any other type of business records, would have affected only the weight of the printouts, not their admissibility."
General ledger computer printouts were admissible as a business record under F. R. Evid. 803(6) in a trial for concealing assets. The court held that "[a]ny question as to the accuracy of the printouts, whether resulting from incorrect data entry or the operation of the computer program, as with inaccuracies in any other type of business records, would have affected only the weight of the printouts, not their admissibility."
