Search for: "spoliation adverse inference"
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21 Mar 2014, 6:26 am
The court therefore granted an adverse inference instruction as a sanction. [read post]
11 Mar 2014, 2:21 pm
Because I cannot find that [defendant] acted in bad faith, I will not give an adverse inference instruction. [read post]
11 Mar 2014, 11:50 am
” The Magistrate Judge therefore recommended that the jury be “given a spoliation instruction that would entitle the jury to draw an adverse inference that a party who intentionally spoliated evidence did so in order to conceal evidence that was unfavorable to that party” and that Defendants be sanctioned in the amount of $27,500. [read post]
1 Mar 2014, 11:58 pm
See Magistrate Judge Imposes Adverse inference, Monetary Sanctions For Spoliation. [read post]
14 Feb 2014, 4:16 pm
In such a case, the Court will not infer bad faith. [read post]
7 Feb 2014, 7:40 am
As a result, the court held that it would give an adverse inference at trial against the plaintiff regarding the more than 38 missing text messages. [read post]
5 Feb 2014, 4:30 am
She sought an order prohibiting the Red Cross from introducing evidence that it provided proper aftercare, as well as an instruction allowing the jury to infer negligence by the Red Cross due to its spoliation of evidence. [read post]
24 Jan 2014, 4:09 pm
Considering sanctions, the court concluded that an adverse inference was appropriate. [read post]
20 Jan 2014, 12:31 pm
I draw an adverse inference against Mr. [read post]
17 Jan 2014, 5:18 pm
Defendants sought spoliation sanctions in the form of an adverse inference. [read post]
14 Jan 2014, 9:48 am
Jan. 23, 2013), the court found that a defendant had a duty to preserve text messages on his iPhone as potential evidence, but it refused to sanction the defendant with an adverse inference jury instruction. [read post]
8 Jan 2014, 4:04 pm
Finally, the Court deferred a ruling until trial as to the employer’s request that an adverse inference against the EEOC and/or Ms. [read post]
8 Jan 2014, 3:13 pm
” While the Court ruled that the plaintiffs’ spoliation did not justify defendants’ motion for an adverse inference, the Court required the payment of the defendants’ costs, including their reasonable attorneys’ fees, in connection with the motion, and further imposed a fine in the amount of $25,000 payable to the Court’s clerk. [read post]
2 Jan 2014, 5:56 pm
Nov. 25, 2013) In this case, the court recommended that an adverse inference instruction be imposed and ordered monetary sanctions where Defendants “did not take adequate steps to avoid spoliation of evidence after it [sic] should have reasonably anticipated this lawsuit and did not issue a litigation hold nor implement nor monitor an adequate document preservation policy. [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]
10 Dec 2013, 9:30 am
In a patent and trademark infringement case, the court ordered an adverse inference jury instruction and monetary sanctions against the defendants for the spoliation of evidence. [read post]
31 Oct 2013, 9:29 am
” In particular, the court cited the absence of bad faith and Plaintiff’s failure to demonstrate prejudice, which “counsel[ed] against” imposing an adverse inference. [read post]
31 Oct 2013, 5:29 am
” In particular, the court cited the absence of bad faith and Plaintiff’s failure to demonstrate prejudice, which “counsel[ed] against” imposing an adverse inference. [read post]
18 Oct 2013, 10:17 am
Accordingly, even assuming [Defendant] was under a duty to preserve when Hashad's custodial documents were destroyed, a spoliation inference would not be appropriate. [read post]
18 Oct 2013, 6:17 am
Accordingly, even assuming [Defendant] was under a duty to preserve when Hashad’s custodial documents were destroyed, a spoliation inference would not be appropriate. [read post]
