Evan Gumz Esq

Latest Articles

Parties “Do Not Get to Select What Evidence They Want to Produce, or From What Sources”   Are you preserving all of the electronically stored information (ESI) that’s relevant to your litigation matters? What about information that only exists online, like social media comments, website text, or blog posts? If not, you might be spoliating discoverable information—and the burden is on you to preserve that ESI, regardless of whether your opponent has specifically requested it.…
In our previous blog post about multidistrict litigation (MDL), we discussed the problem of identifying meritless claims and how social media evidence can help counsel identify those claims. But what happens next? After the universe of suitable claims has been determined, how do litigants and courts decide what to do with those consolidated cases? Should they be tried? Settled? Dismissed out of hand? The point of MDL is to bring “civil actions involving one…
The internet, and especially social media, represents a rich reservoir of potential evidence for use in litigation. That reservoir grows broader and deeper every day—and sometimes, litigants underestimate how much of that online information is discoverable. via GIPHY Recently, we read a very succinct opinion that highlighted the information that can be found online for those who are willing to look for it. While the one-paragraph opinion clearly followed Strunk and White’s timeless advice to…
Multidistrict litigation (MDL) has become a major component of the U.S. civil litigation system. MDLs now make up over half of the total civil caseload in the U.S., with product liability cases comprising the vast majority of MDLs. These cases are great for plaintiffs’ counsel, who, in one example, “netted $26.5 million in fees for a deal that yielded $6.2 million for their clients.” But are they good for anyone else? Not only…
It’s surprising—or perhaps not, depending on your outlook—how often people settle for less because it’s easier. We watch a TV show we don’t especially care about instead of reading a book because we’re tired and it’s easier to just veg out on the couch. We order fast food, even though it costs more and isn’t as good for us, instead of cooking at home because we’re short on time and don’t have the…