From E-Discovery To E-Admissibility? "Lorraine v. Markel" And What May Follow

By Jon Neiditz, Jay Safer and Pat Hatfield

The recent decision in Lorraine v. Markel American Insurance Company, 2007 WL 1300739 (DMd May 4, 2007) by United States Magistrate Judge Paul W. Grimm is an excellent guide to an important aspect of the care that MAY be or become necessary when parties attempt to offer electronic information in evidence. In that case, involving contract interpretation issues, Magistrate Judge Grimm refused to allow either party to offer e-mails in evidence to support their summary judgment motions. He found they failed to meet any of the standards for admission under the Federal Rules of Evidence. The emails were not authenticated but simply attached to the parties’ motions as exhibits, as has been a common practice. This alert summarizes Judge Grimm’s opinion, and then discusses briefly where it may lead e-contract and other e-document management programs.