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The Common Scold



The Common Scold is named after a cause of action that originated in Pilgrim days, when meddlesome, argumentative, opinionated women who displeased the Puritan elders were punished by a brisk dunk in the local pond. Believe it or not, the tort lasted until 1972, when State v. Palendrano, 120 N.J. Super. 336, 293 A.2d 747 (N.J.Super.L., Jul 13, 1972) pretty much put it to rest. But the thought of those feisty women, not afraid of a little cold water, has always cheered me up and inspired me. I first used the moniker as the name of my humor column at the University of San Francisco School of Law many moons ago, and revive it now for this blawg!


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Kroll Analyzes 2011 EDD Pains & Progress

Kroll Ontrack has just released its annual analysis of e-discovery cases and trends. 

Michele Lange, the company's director of discovery, explains that the company evalulated 92 cases evaluated, 67% involved preservation and spoliation, 42% addressed sanctions, and 15% involved production disputes, reports Evan Koblentz on LTN's website.

Among the conclusions of the fourth annual report were that there is increasing consensus that metadat should be included "traditional" forms of electronically stored information, notes Koblentz. Ditto for user activity on social networks.

The report also discusses new proposed model orders and cost controls, among other topics.

December 8, 2011 in EDD: E-Discovery | Permalink

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