Louisiana Law Blog

By Katie D. Bell

Electronic Discovery, or “E-Discovery”, is not considered the “novel issue” it once was. However, E-Discovery still presents problems that litigants and courts struggle with. Below is a summary of recent Louisiana Federal Court opinions dealing with the issues surrounding E-Discovery.

In Frees, Inc. v. McMillian, 2007 WL 184889 (W.D. La. Jan. 22, 2007), the Western District of Louisiana granted the plaintiff’s motion to compel. In an unfair competition and trade secret theft action, the plaintiff claimed that the defendant, a former employee, had stolen various data files. Plaintiff had unsuccessfully requested production of defendant’s laptop and desktop. The Court granted the motion to compel the defendant to produce these two items because they were the most likely places that the data files would be located. The Court did institute protective measures so as to prevent the disclosure of any irrelevant or personal information.
 

by Erich P. Rapp

A journal article on the potential for exposure to benzene associated with the use of certain products containing benzene was just published. This article was written by Pamela Williams and others. This researcher was mentioned in an earlier blog entry that I posted concerning trace benzene. This study is not a trace benzene study, but it will interest anyone dealing with benzene exposure claims resulting from the use of certain types of historic products. 

The article is entitled , Airborne Concentrations of Benzene Associated with the Historical Use of Some Formulations of Liquid Wrench. The article was published in the Journal of Environmental and Occupational Hygiene, June 2007, 4:547-561.

by Erich P. Rapp

On Thursday May 31, 2007, U.S. District Judge Kathryn H. Vratil of the Kansas District Court denied the motions to dismiss of PepsiCo Inc. and privately held Sunny Delight Beverages Co. and Rockstar Inc. in litigation related to possible benzene exposure from drinking certain of the defendants' soft drinks.

The plaintiffs claim that when certain soft drinks containing vitamin C, also called ascorbic acid, and either sodium benzoate or potassium benzoate are exposed to light and heat that a reaction can form benzene in the beverages. In some cases, the plaintiffs contend that the result can be benzene levels four times higher than the federal drinking water standard.

The risks associated with trace benzene claims continues.

http://www.thejournalnews.com/apps/pbcs.dll/article?AID=/20070530/BUSINESS01/705300327/1066/BUSINESS01  

by Erich P. Rapp