Search for: "spoliation adverse inference"
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13 Sep 2013, 11:29 am
” If the moving party seeks an adverse inference, “that party must also prove bad faith on the part of the producing party. [read post]
5 Sep 2013, 10:34 am
Be mindful that using in-house IT personnel may create potential spoliation issues. [read post]
21 Aug 2013, 9:05 am
” In short, “[p]rejudice is presumed for the purpose of determining whether to give an adverse inference instruction when, as here, evidence is willfully destroyed by the spoliating party. [read post]
8 Aug 2013, 12:53 pm
” Accordingly, the Magistrate Judge recommended that Defendant be ordered to pay monetary sanctions equaling $35,000, to compensate for both “some” of Plaintiff’s fees and costs in bringing its spoliation motion and for Plaintiff’s “increased expenses in conducting discovery and proceeding in this litigation without the spoliated evidence” and also recommended the imposition of an irrefutable adverse inference at… [read post]
5 Aug 2013, 6:22 am
FSAI also orally moved for inferences adverse to defendant because of alleged spoliation of evidence. [read post]
25 Jul 2013, 2:00 pm
The authors of Electronic Evidence and E-Discovery point out that consequences include "sanctions for failing to properly preserve and disclose electronic information, including: monetary penalties, adverse inferences in the litigation, findings of contempt, or even judgment against the offending party." [read post]
17 Jul 2013, 11:20 am
Finally, the trial court indicated that even if an adverse inference had been warranted, it would not have defeated Defendants’ Motion for Summary Judgment. [read post]
3 Jul 2013, 9:52 am
” Accordingly, their request for an adverse inference was denied. [read post]
1 May 2013, 12:43 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]
30 Apr 2013, 11:20 pm
” No matter his excuse, Gatto “effectively caused the account to be permanently deleted,” which rendered a spoliation inference appropriate. [read post]
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]
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]
21 Apr 2013, 7:33 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]
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]
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]
17 Apr 2013, 6:14 pm
The article reported that the judge ruled that the plaintiff "had a duty to preserve his Facebook account at the time it was deactivated and deleted" and that the defense would be prejudiced by the destruction of this loss of the evidence.The judge declined a request for attorney's fees and ruled that the appropriate sanction under the circumstances would be an adverse inference jury instruction, i.e., an instruction to the jury essentially that the jury may infer… [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]
12 Apr 2013, 10:51 am
Accordingly, the court imposed an adverse inference, but declined to impose monetary sanctions. [read post]
5 Apr 2013, 4:52 am
The Court held that an adverse inference instruction will be given to the jury. [read post]
3 Apr 2013, 1:09 pm
In light of the above, the Court found a spoliation inference appropriate. [read post]
