Search for: "spoliation adverse inference"
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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]
30 Dec 2011, 1:30 am
http://t.co/n7EXCOiU # The six worst data breaches of 2011 – If you're looking for the biggest breaches of the year in terms of numbers aff… http://t.co/8bMMz3Tj # "GoDaddy No Longer Supports SOPA" and more in my summary http://t.co/nIivhqpy (via @Privacyactivism, EFF & Gohsuke Takama) # UT: Provo School District system hacked – Someone gained access to the district's e-mail database and used it to sen… http://t.co/nde7bDO4 # Court Grants Cross… [read post]
29 Dec 2011, 3:00 am
Havana Bar, Restaurant & Catering, the court addressed the parties’ cross motions for sanctions, ordering an adverse inference for the defendants’ failure to preserve relevant video surveillance footage, as well as an adverse inference for the plaintiff’s failure to preserve relevant witness statements. [read post]
23 Dec 2011, 7:51 am
Accordingly, an adverse inference instruction was warranted. [read post]
21 Dec 2011, 10:04 am
Adverse inference? [read post]
18 Nov 2011, 8:54 am
Accordingly, the court ordered that an adverse inference instruction be given to the jury at trial. [read post]
10 Nov 2011, 4:30 am
Indeed, a court can give a party a slap on the wrist, an adverse inference, or even dismiss the complaint of a plaintiff or strike the answer of a defendant. [read post]
19 Oct 2011, 5:32 am
This post examines a recent opinion from a Michigan federal district court in which the issue was the propriety of giving what’s known as an “adverse inference” or “spoliation” instruction. [read post]
18 Oct 2011, 4:31 pm
The Snowflake Problem: Why Energy Efficiency Projects Are So Damned Hard To Finance - Philadelphia attorney Shari Shapiro on her blog Green Building Law Court Recommends Adverse Inference Instruction for Bad Faith Spoliation of Emails - Los Angeles lawyer Corinn Jackson of Littler on the firm's blog, e-Discovery Case Law Update Concepcion Strikes Again! [read post]
5 Oct 2011, 7:02 am
” (5) Indeed, this failure may be enough to warrant an adverse inference by itself. (6) Second, Scheindlin discusses the relationship between the duty to preserve and spoliation. [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]
27 Sep 2011, 3:28 pm
"Here, in addition to sanctions (legal fees) the court also gave the Plaintiff an adverse inference instruction as set forth in this quote:"Specifically, the magistrate judge recommended: (1) that United be awarded fees and expenses incurred in bringing and prosecuting the sanctions motion; (2) that Defendants be precluded from introducing any evidence related to data that was on the server and that cannot be found elsewhere; (3) that an adverse… [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]
6 Sep 2011, 10:48 am
July 21, 2011), the court determined that it would issue an adverse inference jury instruction against defendant Kolon Industries as a sanction for its evidence spoliation. [read post]
2 Sep 2011, 9:07 am
Should the defendant's answer be stricken or is an adverse inference charge sufficient? [read post]
18 Aug 2011, 2:07 pm
The court precluded the plaintiff's testimony regarding the use of the child booster seat on the day of the accident and granted the defense an adverse inference jury instruction. [read post]
17 Aug 2011, 5:46 am
http://t.co/EzechAv (Jason Krause) E-Discovery Rules for Florida Approved By Bar; Next Headed To Supreme Court - http://t.co/hcOBeGb (Lawrence Kolin) E-Mail Discussion Found to Violate Open Public Meetings Act – http://t.co/ISWTy7c (Mary Pat Gallagher) Exotic Apples: Solutions in Collecting & Processing Apple ESI – http://tinyurl.com/4xwptqp (Josh Gilliland) Federal Circuit Affirms $500K Sanction for Litigation Misconduct – http://t.co/3UNAK9Q (Mark Michaels) FINRA Proposes New… [read post]
16 Aug 2011, 9:02 am
Menges’ post-accident back surgery or obtain an adverse jury instruction because Mr. [read post]
14 Aug 2011, 9:11 am
Only after the defense discovered misrepresentations and spoliation of data did the patent unreliability and invalidity of the studies become clear to reviewing courts. [read post]
12 Aug 2011, 8:05 am
Instead, the court ordered that an adverse inference instruction would be given to the jury and that defendant would be responsible for plaintiff’s attorneys’ fees, expenses and costs related to this motion. [read post]
