Castellano v. Winthrop » The Florida E-Discovery Case Law Database » Levin College of Law » University of Florida

Castellano v. Winthrop

Castellano v. Winthrop

Case Date: 01/29/2010
Citation: Castellano v. Winthrop, 27 So. 3d 134 (Fla. 5th DCA 2010)
Court Type: District Court of Appeal
Court: Fla. 5th DCA
Judge: Judge: Kerry I. Evander
Issues:

In a child custody case, Plaintiff mother illegally obtained a USB drive and attempted to use its contents against the Defendant father. Plaintiff filed a petition for writ of certiorari upon the trial court’s disqualification of her counsel.

Resolution:

The Court denied the Plaintiff’s petition. Plaintiff and her counsel obtained an unfair informational advantage through the illegally-obtained USB drive. Disqualification of Plaintiff’s counsel was appropriate where counsel spent approximately 100 hours reviewing the USB drive when it was readily apparent the drive contained privileged and confidential information.

Relevant Documents:

Decision

E-Discovery Issues: Motion to Disqualify
E-discovery Tags: Attorney-Client, Clawback, Communication/Cooperation, Possession or Control, Privilege, Sanctions, Sources of ESI, Work Product
E-discovery subjects: Removable Drive

Published: January 19th, 2018

Category: Uncategorized


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