Search for: "spoliation adverse inference"
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17 Sep 2015, 1:57 pm
The jury will be given notice of the adverse inference. [read post]
28 Sep 2011, 7:29 am
First published on September 22, 2011 at e-Discovery Law Review Monetary sanctions, attorneys fees, and adverse inference jury instructions are the more common type of sanctions imposed on litigants for the spoliation of evidence, or not producing relevant documents. [read post]
16 Jul 2016, 7:17 am
The Court next evaluated the appropriate sanctions to impose and decided to impose against Defendant the following: (1) monetary sanctions in the form of the reasonable fees and costs incurred by Plaintiff in connection with the spoliation disputes; (2) punitive sanctions in the amount of $3 million dollars; (3) possible evidentiary sanctions during trial, if requested in the future by Plaintiff and found by the Court to be warranted; and (4) sanction instructions to the jury that it… [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 Aug 2007, 1:21 pm
Healthcare Advocates's request for an adverse inference in regard to the cache files is denied. [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]
14 Nov 2006, 5:33 pm
Optowave Co., Ltd. v. [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]
3 Jan 2008, 2:26 pm
Accordingly, the plaintiffs have not sufficiently demonstrated that the destroyed/lost emails were favorable or relevant and the motion for a default judgment or an adverse inference instruction is denied. [read post]
21 Aug 2012, 3:54 am
The Judge has denied adverse inference instructions for both companies. [read post]
14 Nov 2007, 2:39 am
The result was an adverse inference instruction and the case continues on. [read post]
3 Nov 2020, 9:16 am
Glaukos adverse inference order. [read post]
7 Dec 2022, 11:59 am
F&G International Group Holdings, LLC, the Southern District of Georgia granted summary judgment for the FTC where adverse inferences were applied after a finding of spoliation of evidence. [read post]
27 Mar 2012, 1:14 pm
Quaker State Oil Refining Corp., when it wrote in the context of an adverse inference instruction: “[w]hen the contents of a document are relevant to an issue in a case, the trier of fact generally may receive the fact of the document’s nonproduction or destruction as evidence that the party that has prevented production did so out of the well-founded fear that the contents would harm him. [read post]
3 Jan 2010, 11:07 pm
Based on its finding of bad faith spoliation, the court granted plaintiff’s request for an adverse inference instruction. [read post]
24 Mar 2011, 11:26 am
For third party spoliation, nontort remedies are more limited and included (1) imposing monetary and contempt sanctions against third parties served with deposition subpoenas; (2) adverse evidentiary inferences and other orders against a litigant who benefited from a third party's spoliation when a sufficient relationship existed between the litigant and third party; (3).State Bar discipline; and (4) criminal sanctions. [read post]
5 Mar 2010, 6:47 am
Traditionally, a party is entitled to an adverse inference instruction as to spoliated evidence only if it can show, among other prerequisites, that the evidence was relevant to the party’s claim or defense and that the party suffered real prejudice as a result of the spoliation.Noting that it is almost impossible for a party to make such a showing when it cannot know the substance of the spoliated evidence, Judge Scheindlin created a new burden-shifting… [read post]
7 Oct 2017, 11:11 am
It leaves one wondering whether this would have been a case appropriate for summary judgment but for the sanctions and adverse inferences against Plantronics due to its spoliation. [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]
15 Oct 2009, 3:07 pm
The Court also noted that: [b]ecause the motion for sanctions sought extensive relief directed to the merits of this case as a whole, including dismissal or an adverse inference in favor of Plaintiffs, the time spent by attorneys with that level of experience may have been reasonable. [read post]
