Search for: "spoliation adverse inference"
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30 Jun 2015, 6:52 am
The report requirement, as it now stands, is thus not necessarily designed to help adverse counsel fully challenge and cross-examine the expert witness on analyses attempted, discarded, or abandoned. [read post]
21 Jun 2015, 11:00 pm
., Albany County, May 19, 2015), the New York Supreme Court in Albany County ordered a mandatory adverse inference instruction so that the trier of fact could “draw the strongest possible adverse inference from defendants’ bad faith and intentional destruction, deletion and failure to produce relevant evidence”. [read post]
19 Jun 2015, 11:48 am
” (“Sanctions for spoliation thus may not be imposed simply because evidence was destroyed; instead, such sanctions are appropriate only if the evidence was destroyed for the purpose of hiding adverse information. [read post]
19 Jun 2015, 10:37 am
” (“Sanctions for spoliation thus may not be imposed simply because evidence was destroyed; instead, such sanctions are appropriate only if the evidence was destroyed for the purpose of hiding adverse information. [read post]
4 Jun 2015, 11:00 pm
Gallo ruled that the plaintiff “wilfully engaged in the spoliation of relevant evidence”, and “has demonstrated a pattern of recalcitrant behavior during discovery in this litigation” and awarded an adverse inference jury instruction sanction against the plaintiff as well as defendant’s attorney fees and costs. [read post]
4 May 2015, 11:00 pm
Not Blue Enough to Cite the Defendant for Discovery Violations: eDiscovery Case LawDiscarding a Relevant Computer Results in Adverse Inference Sanctions, Not Default Judgment: eDiscovery Case Law [read post]
26 Apr 2015, 11:00 pm
Not Blue Enough to Cite the Defendant for Discovery Violations: eDiscovery Case LawDiscarding a Relevant Computer Results in Adverse Inference Sanctions, Not Default Judgment: eDiscovery Case LawFree Trojans with Your Document Production: eDiscovery Trends [read post]
20 Apr 2015, 11:00 pm
Wang granted the plaintiff’s motion for sanctions against the defendant in part for failing to produce a computer that the defendant ultimately acknowledged that he discarded, but denied the plaintiff’s request for a default judgment sanction, opting for the less severe adverse inference instruction sanction. [read post]
8 Apr 2015, 5:14 pm
At the conclusion of the hearing, the magistrate judge ordered an adverse inference “permitting the jury to presume that ATG made $20 million in profits in reselling to the Ministry the tickets originally purchased by [Plaintiffs]. [read post]
7 Apr 2015, 5:00 am
Moreover, as there was therefore an open question in the matter about spoliation relative to the missing maintenance records, and whether an adverse inference in favor of the Plaintiff's case might be proper, summary judgment was found to be precluded on the issue of constructive knowledge. [read post]
5 Apr 2015, 11:00 pm
Pratter, after a hearing to consider whether to draw an adverse inverse instruction due to the defendant’s possible spoliation of video evidence, determined that “a spoliation inference would not be appropriate here”. [read post]
26 Feb 2015, 3:19 pm
Prior to 1997, the only remedy Louisiana courts had granted for spoliation of evidence claims was the application of the adverse presumption. [read post]
5 Feb 2015, 6:05 am
Accordingly, the Superior Court in Parr found that the trial court did not abuse its discretion in given an adverse inference jury instruction as a sanction under the circumstances presented. [read post]
28 Jan 2015, 4:35 am
Faruqi sexual harassment trial: Judge Alvin Hellerstein has denied Alexandra Marchuk’s request for an adverse inference instruction based on Faruqi’s destruction of the alleged blood-stained carpet in Juan Monteverde’s office. [read post]
27 Jan 2015, 6:39 am
Marchuk’s attorneys are seeking an “adverse inference” instruction about the carpet in Mr. [read post]
8 Jan 2015, 10:00 pm
However, the judge denied the plaintiffs request for summary judgment, granting an adverse inference instruction instead. [read post]
12 Dec 2014, 6:13 am
The issue the judge addresses in this opinion involves “motions for sanctions against [Olney]” filed by Job.com and Windy City “for spoliation of evidence during the course of discovery. [read post]
16 Nov 2014, 10:00 pm
AXA Network, LLC, New York Magistrate Judge Kevin Nathaniel Fox granted the plaintiff’s request for sanctions against the defendant, awarding an adverse inference jury instruction for several weeks of spoliated audio recordings and also awarding “reasonable attorney's fees and costs” associated with the motion as well as retaking several depositions. [read post]
2 Nov 2014, 10:00 pm
However, the judge denied the plaintiffs request for summary judgment, granting an adverse inference instruction instead. [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]
