Search for: "spoliation adverse inference"
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25 Jul 2013, 2:00 pm
The authors of Electronic Evidence and E-Discovery point out that consequences include "sanctions for failing to properly preserve and disclose electronic information, including: monetary penalties, adverse inferences in the litigation, findings of contempt, or even judgment against the offending party." [read post]
11 Nov 2009, 10:30 am
For the erasure and recycling of one deputy’s laptop, the court ordered an adverse inference instruction allowing the jury to infer the that the laptop contained evidence “detrimental to the SCSO’s defense” as well as to that of the deputy who used the laptop. [read post]
20 May 2014, 6:04 am
In a subsequent lawsuit the court could have hit GM with many very serious sanctions: shifting of the burden of proof, adverse inference instructions to the jury or significant monetary sanctions including punitive damages. [read post]
3 Mar 2011, 4:04 pm
” Taking up the motion, the court first established the relevant law, including the need for a showing of bad faith to justify the imposition of an adverse inference and the ability of a party to show such bad faith through either direct or circumstantial evidence. [read post]
7 Aug 2009, 1:30 pm
Amtrak, 119 F.3d 929 (11th Cir. 1997) (“court may impose spoliation sanction of adverse inference instruction only where destruction of evidence predicated on bad faith. [read post]
12 Mar 2018, 9:01 pm
Rather, it was the result of rules that prevent spoliation of evidence during divorce and other sorts of misconduct that tip the scales of justice in an unfair way. [read post]
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]
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]
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]
14 Aug 2015, 11:20 am
Plaintiff’s request for an adverse inference was denied. [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]
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]
15 Dec 2009, 3:27 pm
Those mitigating factors persuaded the Court that default judgment or adverse inference was not warranted here. [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]
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]
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]
