Nucor Corp. v. Bell

2008 WL 4442571 (2008)

From our private database of 45,900+ case briefs, written and edited by humans—never with AI.

Nucor Corp. v. Bell

United States District Court for the District of South Carolina
2008 WL 4442571 (2008)

RW

Facts

Nucor Corporation (plaintiff) sued John Bell and SeverCorr, LLC (defendants) in federal district court. Nucor and SeverCorr each moved to exclude the other’s expert testimony relating to Nucor’s accusation, which SeverCorr denied, that SeverCorr engaged in so-called data wiping to spoliate evidence on Bell’s laptop. In regard to the testimony of Nucor’s expert, John Jorgensen, the court found that (1) Jorgensen abandoned all but his latest theory to explain the alleged data wiping, (2) Jorgensen’s data-load progression testing produced replicable results that supported some of Jorgensen’s opinions, (3) Jorgensen withdrew his opinion regarding a hyperfil.sys file on Bell’s laptop, (4) Jorgensen based one of his opinions on an inexact comparison between so-called Collingwood computers and Bell’s laptop, and (5) Jorgensen’s claims concerning Ultimate Cleaner and Ultimate Defender software were either untested or directly refuted by the softwares’ manufacturer. In regard to SeverCorr’s expert, Sean McLinden, the court found that (1) McLinden was professionally trained as a physician but had been employed in computer forensics for 30 years, (2) McLinden validated some of his opinions through Internet chat-room conversations with computer forensics experts, and (3) McLinden did not uniformly employ best practices for copying Bell’s hard drive but did use copying software that most experts considered reliable. The court then proceeded to analyze the legal consequences of its fact findings.

Rule of Law

Issue

Holding and Reasoning (Norton, C.J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 741,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 741,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 45,900 briefs, keyed to 984 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 741,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 45,900 briefs - keyed to 984 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership