Search for: "spoliation adverse inference"
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14 May 2021, 9:48 am
The court also held that the trial court had erred in denying JJCI’s motion for a separate trial after granting the plaintiffs’ motion for an adverse inference instruction against Imerys for spoliation of evidence. [read post]
28 Jul 2023, 4:06 am
" Although Respondent did not disclose the evidence of its letter-writing campaign for over one year, delayed disclosure, as in this case, is not equivalent to actively misleading the adverse party as to the non-existence of documents, destroying evidence, making a false representation to the Board, or submitting a false document to the Board, which are generally the types of conduct involved when the Board has made adverse inferences as a sanction. [read post]
5 Aug 2014, 2:14 pm
As the circuit court noted, “relevant” in the context of an adverse inference means “something more” than is required to satisfy ER 401, rather, “the party seeking an adverse inference must adduce sufficient evidence from which a reasonable trier of fact could infer that the destroyed [or unavailable] evidence would have been of the nature alleged by the party affected by its destruction. [read post]
2 Feb 2018, 7:04 am
, 197 N.J. 81, 961 A.2d 1167 (2008) (spoliation claim may be addressed both by an adverse-inference instruction given to the jury, and by a separate claim in a bifurcated proceeding.) [read post]
22 Dec 2019, 2:06 pm
” Remedies include “[1] the preclusion of proof favorable to the spoliator to restore balance to the litigation, [2] requiring the spoliator to pay costs to the injured party associated with the development of replacement evidence, or [3] employing an adverse inference instruction at the trial of the action. [read post]
6 Mar 2009, 12:00 am
Buyer beware: suspicious timing warrants adverse inference instruction for spoliation of electronic data, and a punitive damage claim based on that inference [read post]
24 Jan 2014, 4:09 pm
Considering sanctions, the court concluded that an adverse inference was appropriate. [read post]
6 Apr 2010, 7:17 pm
Seda v Epstein, 2010 NY Slip Op 02850 (1st Dept. 2010) “There is no evidence that defendants’ removal of the debris was willful; indeed, the preliminary conference order merely stated that defendants were to make the premises available for inspection, and plaintiff did not [*2]schedule an inspection for more than two years [...] [read post]
3 Oct 2012, 9:35 am
In light of Defendant’s spoliation, the Magistrate Judge recommended that an adverse inference be imposed at trial and that Defendant be held in contempt and required to pay $25,000 to the court and $475,000 to the plaintiff. [read post]
26 Jul 2010, 8:21 am
Spoliation of Evidence/Adverse Inference The California Supreme Court, in finding that there is not an independent tort of spoliation of evidence, stated, The intentional destruction of evidence is a grave affront to the cause of justice and deserves our unqualified condemnation. [read post]
15 Sep 2010, 5:10 am
Adverse inference instructions do not compensate for the expenditure of court resources to resolve a spoliation dispute, nor do awards of attorney’s fees and costs to the prevailing party in the dispute. [read post]
2 Aug 2023, 5:00 am
Here, in light of the conflicting evidence about the existence of any applicable video recording, the court noted that the jury was properly allowed to draw an adverse inference if it found that the Defendant had possessed a video but had not produced it. [read post]
30 Oct 2014, 9:00 am
Unless they involve torching a laptop, destroying evidence, and getting hit with an adverse inference for spoliation at trial, which is what happened to one unhappy executive. [read post]
22 Apr 2014, 7:41 am
United Parcel Serv., Inc., 665 F.3d 68, 73 (3d Cir. 2012).Sanofi-Aventis Deutschland GMBH at *12.Jury InstructionsYou may make an adverse inference in this case against Glenmark. [read post]
3 Apr 2013, 1:09 pm
In light of the above, the Court found a spoliation inference appropriate. [read post]
24 Jan 2011, 1:00 am
The Court awarded an adverse inference instruction against SCSO for the destruction of all emails over the course of a one year period; a rebuttable presumption in favor of Swofford that the defendants’ radios and accessories would yield evidence adverse to their case; and an adverse inference instruction that Remus’s laptop, which was destroyed, contained information detrimental to SCSO and Remus’s defense of the case. [read post]
17 Dec 2010, 7:21 am
As a spoliation sanction against defendant the trial court granted plaintiff: (i) an adverse inference charge at trial; (ii) costs to reimburse plaintiff for the amount paid to the forensic expert; and (iii) attorneys' fees. [read post]
16 Apr 2013, 1:05 pm
Specifically, the defendants sought an adverse inference instruction and expenses, including fees, incurred in filing the motion. [read post]
10 Mar 2007, 8:46 am
Finally not a good start the court denies plain error on top of admitting the deposition, stating Sonja's argument requires a factual inquiry into this record, which is wholly insufficient for this court to evaluate whether the absence of an adverse inference instruction prejudiced Sonja's case or led to a miscarriage of justice. [read post]
20 Jun 2011, 7:41 am
To address the “substantial prejudice” Kolon suffered as a result of DuPont’s alleged spoliation, Kolon requested the court to make findings of fact in Kolon’s favor or, alternatively, to instruct the jury that it could make adverse inferences based on the missing evidence. [read post]
