Search for: "spoliation adverse inference"
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6 Dec 2016, 3:53 pm
Addressing whether Plaintiff was also entitled to an adverse inference, the court indicated it was “less clear” and a “close” question citing Rule 37(e)(2) which allows such sanctions “only if Defendants intentionally allowed the video to be destroyed,” and also indicated its disagreement with the magistrate judge’s determination that Plaintiff presented “no evidence of intent. [read post]
1 Dec 2012, 9:08 am
App. 1998), the court affirmed an order imposing sanctions and granting adverse inference instructions at trial due to failure to produce computers for inspection and subsequent spoliation when the party then disposed of the computers in question. [read post]
16 May 2022, 7:38 am
In most cases where the court issues an adverse inference instruction against a party resulting from evidence spoliation, the jury generally finds against that party. [read post]
8 Aug 2017, 7:46 am
To be sure, it is not easy to obtain an adverse inference. [read post]
20 Sep 2010, 1:56 pm
Here, there wasn’t enough evidence supporting terminating sanctions, but an adverse inference instruction was appropriate since the plaintiffs had “lost access to relevant evidence. [read post]
25 Oct 2016, 9:26 am
Spoliation of Evidence in Virginia Under Virginia law, when a party loses or destroys evidence that should have been passed to the opposing party at trial, the opposing party is entitled to an adverse inference instruction. [read post]
8 Apr 2009, 1:43 pm
The court held that this reconfiguration was a sanctionable spoliation of evidence, leading to adverse evidentiary inferences against Usenet.com and an obligation to pay the plaintiff's fees and costs [read post]
21 Jul 2014, 1:03 am
I draw an adverse inference against Mr. [read post]
14 Aug 2015, 11:20 am
Plaintiff’s request for an adverse inference was denied. [read post]
15 Dec 2009, 3:27 pm
Those mitigating factors persuaded the Court that default judgment or adverse inference was not warranted here. [read post]
28 Jun 2012, 5:16 am
Id. at 193.(5) There was no intentional spoliation of evidence that could give rise to an adverse inference. [read post]
22 Sep 2011, 10:52 am
The court issued an adverse inference jury instruction against that company because it spoliated significant emails and other data. [read post]
22 Jul 2010, 3:19 pm
Sections discussing these patent litigation issues are particularly helpful: ambiguities as to what can be considered expert testimony, obligations of experts and attorneys who may obtain access to an opposing party’s proprietary information during discovery, consequences of spoliation that can range from adverse inferences to unenforceability of patents, combining patent prosecution with other forms of representation, and abbreviated new drug application (ANDA)… [read post]
16 Feb 2010, 6:08 am
Finding their conduct to be negligent or grossly negligent, Judge Scheindlin imposed sanctions, including a rebuttable adverse inference instruction, monetary fines, and, for two plaintiffs, limited additional discovery involving the search of their backup tapes. [read post]
2 Aug 2017, 10:55 am
A potential case destroyer, but at the very least, a move that usually leads to sanctions or adverse inference instructions. [read post]
24 May 2009, 11:15 pm
The court also determined that adverse inference instruction based on spoliation was appropriate in this situation. [read post]
24 Nov 2006, 12:54 am
From a records retention perspective, this section highlights the need for a clear, well executed, and uniformly enforced records retention program's ability to provide some level of protection from "adverse inference" rulings arising from spoliation.This note examined briefly the impact of the amendments to the Federal Rules of Civil Procedure on an organizations electronic records retention policy. [read post]
18 Jan 2007, 12:09 pm
Nov. 30, 2006)A limited adverse inference sanction was ordered against a party that misled the court regarding electronic document availability and chose to use in-house people rather than outside specialists to extract email from a database. [read post]
3 Oct 2012, 7:10 am
Downloads Files from Defendant’s Server After Dissolution http://bit.ly/Pri2EP (Jennifer Connelly) Plaintiffs Should Pay for Extensive Discovery Prior to Class Certification – eDiscovery Case Law – http://bit.ly/QpSlHQ (Doug Austin) Predictive Coding: Time, Cost and Accuracy in eDiscovery: Discussion with Howard Sklar – http://bit.ly/PFFazC (Lauren Everhart) Preparing for Data Collection in Internal Investigations – http://bit.ly/PvonPr (Michael Volkov)… [read post]
27 Feb 2025, 6:21 am
Courts may impose severe penalties for spoliation, including dismissal of the case or adverse inference instructions to the jury. [read post]
