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4 May 2012, 2:20 pm
The opinion's last paragraph also offers us this tantalizing tidbit: Finally, under the circumstances of this case, the Supreme Court providently exercised its broad discretion in granting the claimants’ request to impose sanctions for the spoliation of evidence to the extent of according an adverse inference with respect to the destruction of the draft appraisal reports prepared by the Village’s appraiser (see generally Madkins v State of New York, 82… [read post]
1 May 2012, 11:13 am
Instead, the doctrine of “adverse inference/rebuttable presumption” is applied, by which it’s inferred that the party which destroyed evidence believes they would have been harmed by its admission, and has thus benefited, or attempted to benefit, from that destruction. [read post]
1 May 2012, 11:13 am
Instead, the doctrine of “adverse inference/rebuttable presumption” is applied, by which it’s inferred that the party which destroyed evidence believes they would have been harmed by its admission, and has thus benefited, or attempted to benefit, from that destruction. [read post]
19 Apr 2012, 11:54 am
The magistrate judge recommended against severe sanctions (the striking of defenses or adverse inferences) because the evidence failed to show the plaintiff was prejudiced by the loss email communications. [read post]
19 Apr 2012, 6:00 am
The complexities that come with identifying and producing electronically stored information (ESI) in e-discovery has made the issue of spoliation a common battleground for parties to argue for sanctions or adverse inference instructions. [read post]
5 Apr 2012, 8:06 am
In Danny Lynn Electrical the plaintiff sought sanctions against the defendant for the spoliation of electronic evidence, including the usual blend of monetary sanctions, adverse evidentiary inferences and the striking of affirmative defenses. [read post]
3 Apr 2012, 10:11 am
These remedies include an “adverse inference” (where the jury is instructed that it may infer that the missing evidence, if available, would tend to inculpate the spoliating party), or preclusion of testimony at trial. [read post]
29 Mar 2012, 2:02 pm
Having decided these three issues, the Court ruled that an adverse inference spoliation jury instruction would be given, and further ruled that the defendant would not be permitted to introduce evidence to rebut the adverse inference. [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]
27 Mar 2012, 11:02 am
" Read on>>- New York Appellate Court Adopts Zubulake in Imposing Adverse Inference for Handling of E-Mails [Schnader]"In EchoStar, a unanimous First Department panel found that EchoStar Satellite LLC, the owner of the DISH Network satellite broadcasting company, failed in its duty to preserve relevant emails leading up to a contract dispute with Voom HD Holdings LLC, a subsidiary of Cablevision. [read post]
21 Mar 2012, 7:56 am
An adverse inference charge balances the equities, in that the factfinder is permitted to presume that the evidence the spoliator destroyed or concealed would have been unfavorable to him or her. [read post]
17 Mar 2012, 1:44 pm
Depending upon the circumstances, spoliation can result in an adverse inference against the party that caused the loss of evidence. [read post]
16 Mar 2012, 7:23 am
” The court, however, declined to impose monetary sanctions and instead determined that an adverse inference instruction to the jury was an appropriate sanction. [read post]
16 Mar 2012, 7:23 am
The court, however, declined to impose monetary sanctions and instead determined that an adverse inference instruction to the jury was an appropriate sanction. [read post]
15 Feb 2012, 8:48 am
bit.ly/xXt59J (Sharon Nelson) Court Sanctions Plaintiff and Lawyer for Facebook Spoliation - bit.ly/wWKNz7 (Tom Crane) Cybersecurity Act Could Impact Law Firms, General Counsel – bit.ly/x3vWLz (Evan Koblentz) Developing a Comprehensive Information Management Plan to Facilitate eDiscovery (Part 1) bit.ly/A3MsDZ (Tim Bovy) Dish Loses Appeal of Sanctions for E-Mail Destruction - bloom.bg/y9HCOq (Chris Dolmetsch) District Court Holds Police May Not… [read post]
14 Feb 2012, 12:04 pm
Accordingly the lower court imposed an adverse inference sanction. [read post]
13 Feb 2012, 9:41 am
I’m sure Yogesh Patel did not “LOL” when a District Court judge ruled that an adverse inference was warranted for allegations of discovery abuse pertaining to messages sent on Facebook. [read post]
31 Jan 2012, 10:06 am
Instead, noting that this was not a case in which the spoliation left the defendant unable to defend against plaintiff’s allegations, the court ordered an adverse inference instruction to be given at trial (provided plaintiff survived summary judgment) and that plaintiff pay the fees and costs associated with defendant’s motion for sanctions. [read post]
11 Jan 2012, 10:29 am
While noting that, in some instances, the production of copies of records, rather than the original documents, may constitute spoliation where the original document contains relevant evidence that is not available in the copies, the appellate court ruled that, under the circumstances presented in this case, an adverse inference sanction, albeit still harsh, would have been a more appropriate sanction under the circumstances. [read post]
3 Jan 2012, 11:15 am
Jan. 12, 2011) Summary: The court issued an adverse inference jury instruction against a company that destroyed relevant emails and other data. [read post]
