Search for: "spoliation adverse inference"
Results 341 - 360
of 412
Sorted by Relevance
|
Sort by Date
23 Apr 2013, 8:47 pm
Furthermore, as the Court noted at the hearing, even if CCleaner did irrevocably destroy electronic files, that might actually work in AF’s favor; in other words, the stronger the evidence of improper spoliation, the better the chance AF stood of obtaining, e.g., an evidentiary sanction or adverse inference in its favor based on the spoliation. [read post]
6 May 2010, 9:47 am
This discovery battle lasted almost two and a half years and resulted in large monetary sanctions against UBS and an adverse inference instruction at trial. [read post]
18 Apr 2013, 8:32 pm
At first Prenda Law tried to hurry up and expedite the discovery over a very specious evidence spoliation concern, an attempt which got nowhere. [read post]
15 May 2014, 5:00 am
A an adverse inference instruction as a spoliation sanction is appropriate. [read post]
14 May 2012, 6:45 am
Litigating Spoliation of Evidence Disputes. [read post]
12 Jul 2024, 8:26 am
Courts can impose severe penalties on parties found guilty of spoliation, including adverse inference instructions, which allow juries to presume that the destroyed evidence was unfavorable to the guilty party. [read post]
12 Jul 2024, 8:26 am
Courts can impose severe penalties on parties found guilty of spoliation, including adverse inference instructions, which allow juries to presume that the destroyed evidence was unfavorable to the guilty party. [read post]
12 Jul 2024, 8:26 am
Courts can impose severe penalties on parties found guilty of spoliation, including adverse inference instructions, which allow juries to presume that the destroyed evidence was unfavorable to the guilty party. [read post]
3 Apr 2014, 5:00 am
Plaintiffs predictably sought sanctions that went to the merits of the litigation – to bolster their silent majority of weak cases – rather than just discovery-related issues – demanding default judgments, adverse inference jury instructions, and of course even more cost-shifting, when defendants are already saddled with the great majority of the cost of producing far more information and data than is ever used in any trial. [read post]
1 Aug 2012, 6:12 am
Mederson) No Request, No Motion to Compel - http://bit.ly/Oqg5Yt (Josh Gilliland) Of Mice, Men, and Social eDiscovery - http://bit.ly/LSFH2J (Norv Leong) On the Eve of Trial with Apple, Samsung is Dealt Adverse Inference Sanction - http://bit.ly/LZc8MI (Doug Austin) On Eve of Trial, Apple Obtains Adverse Inference Instruction for Samsung’s Email Spoliation – http://bit.ly/LPLcz8 (John Horan) Predictive… [read post]
16 Mar 2016, 8:21 am
Spoliation can result in adverse inferences at trial and serious sanctions. [read post]
20 Dec 2013, 4:44 pm
The proposed Rule 37(e)(1)(B)(i) authorizes sanctions or an adverse inference jury instruction “only on a finding that the party to be sanctioned has acted willfully or in bad faith” and if the loss caused “substantial prejudice” to the opposing party. [read post]
3 Jan 2012, 11:15 am
Jan. 12, 2011) Summary: The court issued an adverse inference jury instruction against a company that destroyed relevant emails and other data. [read post]
7 Nov 2012, 3:54 am
Chase LLC - http://bit.ly/SSv96a (Todd Ohlms, Joseph Fogel) Failing to Preserve: Apple, Samsung Narrowly Escape Adverse Inference Instruction - http://bit.ly/RuTGtt (Michael Kozubek) Five Questions with Ralph Losey about the New eDiscovery Best Practices (EDBP) Model for Attorneys – http://bit.ly/SXuNJ4 (Dean Gonsowski) Five Reasons to Outsource Litigation Support - http://bit.ly/StFgvy (Ralph Losey) How to Preserve Data When You… [read post]
3 Aug 2014, 9:01 pm
Later, when subsequent depositions of the UBS Warburg witnesses disclosed that the defendant had destroyed additional emails after receiving instructions from counsel to retain all emails, the court found willful destruction of discoverable evidence and ordered an adverse inference instruction to the jury. [read post]
1 Aug 2007, 12:06 pm
Accordingly, the court found that plaintiff was entitled to an adverse inference jury instruction with respect to the destroyed evidence. [read post]
5 Sep 2013, 10:34 am
Be mindful that using in-house IT personnel may create potential spoliation issues. [read post]
1 Jun 2023, 6:33 am
The opinion is quite interesting with respect to the remedy fashioned by the court, in that a curative jury instruction under 37(e)(1) allowing the jury to hear the evidence of spoliation and “draw any inference” it wants, including one that Schnatter intentionally spoliated, comes dangerously close to a de facto “permissive” adverse inference, a remedy only allowed under 37(e)(2)(B) where intent to deprive has been demonstrated… [read post]
1 Jun 2023, 6:33 am
The opinion is quite interesting with respect to the remedy fashioned by the court, in that a curative jury instruction under 37(e)(1) allowing the jury to hear the evidence of spoliation and “draw any inference” it wants, including one that Schnatter intentionally spoliated, comes dangerously close to a de facto “permissive” adverse inference, a remedy only allowed under 37(e)(2)(B) where intent to deprive has been demonstrated… [read post]
1 Jun 2023, 6:33 am
The opinion is quite interesting with respect to the remedy fashioned by the court, in that a curative jury instruction under 37(e)(1) allowing the jury to hear the evidence of spoliation and “draw any inference” it wants, including one that Schnatter intentionally spoliated, comes dangerously close to a de facto “permissive” adverse inference, a remedy only allowed under 37(e)(2)(B) where intent to deprive has been demonstrated… [read post]
