Search for: "spoliation adverse inference"
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29 Oct 2014, 7:38 am
That way, if discovery later unveils sufficient evidence to warrant an inspection, that evidence will still be available to inspect or the opposing party could face an adverse inference for spoliation of evidence. [read post]
28 Oct 2014, 8:02 am
United States, 705 F.3d 225, 235 (6th Cir. 2013) (holding that the district court did not abuse its discretion in declining to draw an adverse inference against the IRS as a spoliation sanction for failing to preserve a taxpayer’s envelope because the IRS was not shown to have acted “with a sufficiently culpable state of mind”). [read post]
24 Oct 2014, 11:11 am
Chévere’s lack of compliance during discovery and the spoliation of relevant evidence, the court decided to sanction the defendant with an adverse inference instruction to the jury. [read post]
8 Oct 2014, 8:49 am
Kiewit was prejudiced by defendants’ spoliation; though this wasn’t a monetary sanction for spoliation, an adverse inference from the spoliation was justified. [read post]
25 Sep 2014, 11:06 am
(The Sixth Circuit adopted the negligence standard for adverse inference sanctions under Rule 37 in Beaven v. [read post]
22 Aug 2014, 6:53 am
Given the circumstances, Judge Treadwell said he would instruct the jury to draw an “adverse inference” that the defendant destroyed evidence “in bad faith. [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]
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]
21 Jul 2014, 1:03 am
I draw an adverse inference against Mr. [read post]
11 Jul 2014, 6:00 am
For example, technological attacks against the device similar to the need for DUI breathalyzer devices to be calibrated or otherwise confirmed to be in proper working order may give rise to a new kind of expert witness who may become common in such cases.Moreover, once black-box information is found to be admissible in auto accident personal injury matters, the issue becomes whether a party may assert a spoliation defense against an opposing party for failing to preserve such black-box… [read post]
30 Jun 2014, 1:26 pm
Specifically will a Canadian court take an adverse inference against a party who has deliberately used an ephemeral messaging platform to discuss matters that are at issue in litigation? [read post]
5 Jun 2014, 7:11 am
If such a defense is found to be warranted, a court may grant a party an adverse inference jury instruction at trial stating that the jury may infer from the opposing party's failure to preserve the black box information that such information would have been adverse to that party's position. [read post]
20 May 2014, 6:04 am
In a subsequent lawsuit the court could have hit GM with many very serious sanctions: shifting of the burden of proof, adverse inference instructions to the jury or significant monetary sanctions including punitive damages. [read post]
15 May 2014, 5:00 am
A an adverse inference instruction as a spoliation sanction is appropriate. [read post]
1 May 2014, 8:10 am
Implications For Employers As this case demonstrates, decisions made regarding the preservation of evidence issues at the beginning of, and even leading up to, litigation can have very serious implications, whether in the form of sanctions, an adverse inference at trial or even outright dismissal. [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]
21 Apr 2014, 2:03 pm
Cir. 2014) In a post on the Patent Ethics site, Professor Hricik highlights this case with the following headline: CAFC Affirms Adverse Inference Instruction Due to Spoliation. [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]
27 Mar 2014, 6:33 am
Implications For Employers As this case demonstrates, decisions made regarding the preservation of evidence issues at the beginning of, and even leading up to, litigation can have very serious implications, whether in the form of sanctions, an adverse inference at trial or even outright dismissal. [read post]
21 Mar 2014, 7:31 am
The court held that the mayor acted willfully and in bad faith by deleting emails after his duty to preserve arose and that an adverse inference jury instruction was warranted. [read post]
