Search for: "spoliation adverse inference"
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24 Jul 2017, 10:00 pm
This is probably one of the more ... by Doug AustinI believe the rationale from the court for the decision needs ... by taylormadeIt's difficult to imagine a scenario where spoliation sanctions ... by Kyle BrentRelated StoriesCourt Declines to Impose Sanctions for Failure to Preserve Web History: eDiscovery Case LawCourt Rules that Plaintiff’s Request for Data from Defendant is “Extraordinarily Burdensome”: eDiscovery Case WeekNeed an “Assist” with Your… [read post]
Clearing the Bar: SDNY Reminds Litigants of High Standard for Imposing Sanctions Under Rule 37(e)(2)
12 Jul 2021, 10:24 am
Bursztein provides another example of the remedial measures that may be imposed in spoliation of evidence situations under several sections of Rule 37, and the high evidentiary burden a moving party must satisfy when seeking serious sanctions of dismissal or adverse inference under Rule 37(e)(2). [read post]
Clearing the Bar: SDNY Reminds Litigants of High Standard for Imposing Sanctions Under Rule 37(e)(2)
12 Jul 2021, 10:24 am
Bursztein provides another example of the remedial measures that may be imposed in spoliation of evidence situations under several sections of Rule 37, and the high evidentiary burden a moving party must satisfy when seeking serious sanctions of dismissal or adverse inference under Rule 37(e)(2). [read post]
Clearing the Bar: SDNY Reminds Litigants of High Standard for Imposing Sanctions Under Rule 37(e)(2)
12 Jul 2021, 10:24 am
Bursztein provides another example of the remedial measures that may be imposed in spoliation of evidence situations under several sections of Rule 37, and the high evidentiary burden a moving party must satisfy when seeking serious sanctions of dismissal or adverse inference under Rule 37(e)(2). [read post]
5 Jun 2008, 6:55 pm
As such, the court found that an adverse inference instruction was a more appropriate, less drastic sanction. [read post]
7 Aug 2008, 9:06 pm
Moreover, the spoliation inference is particularly appropriate in order to deter similar conduct by Plaza and other businesses in the future. [read post]
2 Oct 2007, 5:02 am
Sept. 29, 2007) Plaintiff requestors sought spoliation sanctions (in the form of an adverse inference instruction) for defendant producers' failure to save electronic communications within the twenty-four hour period after the incident in question, where they notified producers within sixty days, and producers' chief technology officer had stated that communications were saved for ninety days. [read post]
1 Dec 2009, 11:35 am
The Court awarded attorneys’ fees and imposed an adverse inference, and I opined "Kates should thank his lucky stars the Court decided to go easy on him. [read post]
3 Nov 2015, 3:41 pm
For that reason, and because only intentional spoliation logically supports an adverse inference, the trial court erred when it ruled in limine that it would admit evidence and allow defense argument in support of such an inference. [read post]
16 Oct 2012, 2:15 pm
” Recognizing that it was “unlikely” that relevant documents were destroyed, the court nonetheless allowed depositions to be taken at Plaintiff’s expense and indicated its potential willingness to issue an adverse inference instruction or to dismiss some or all of Plaintiff’s claims if it was determined that spoliation occurred.Defendants filed a motion to compel Plaintiff to conduct a forensic examination of its own computer… [read post]
6 Aug 2009, 7:01 pm
Servs., Inc., 2009 WL 1387115, granting an adverse inference as a sanction for spoliation. [read post]
3 Jul 2013, 9:52 am
” Accordingly, their request for an adverse inference was denied. [read post]
1 Dec 2012, 4:31 am
Failure to preserve evidence after being put on notice to do so may result in spoliation sanctions including admission or exclusion of evidence, an adverse inference jury instruction, and in federal court, the striking of the answer. [read post]
2 Jan 2012, 8:20 am
Finally, the court says: the destruction of Defendants' internal emails renders it impossible for Plaintiffs to explore Defendants' motivation and state of mind in operating their websites; this is key to Plaintiffs' claim of secondary infringement based on inducement For the evidence spoliation, the court hits the defendants with adverse inference sanctions: Plaintiffs are entitled to adverse inference instructions in the form of… [read post]
14 Feb 2014, 4:16 pm
In such a case, the Court will not infer bad faith. [read post]
24 Apr 2009, 5:03 pm
On appeal, the court also affirmed the trial court’s decisions to: a) allow expert testimony regarding Hakimoglu’s spoliation, and b) deny Oz’s request for a special jury instruction related to the spoliation (particularly because a standard adverse inference instruction was given), among other things. [read post]
3 Aug 2009, 5:10 pm
When evidence has been destroyed (spoliated), a judge or arbitration panel can grant a verdict against the destroying party, fine the party, or issue an adverse inference to the jury. [read post]
27 Jan 2010, 11:08 am
The Court granted sanctions in the form of an adverse inference / spolitation instruction and monetary compensation to opposing counsel. [read post]
14 Oct 2022, 2:12 am
That's why their preferred remedy is an adverse inference instruction. [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]
