Search for: "spoliation adverse inference"
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1 Jul 2010, 8:08 am
Plaintiff alleges that there is a triable issue whether XYZ Market has negligently or intentionally spoliated evidence, and that a jury could reach an adverse inference as to liability based on the loss or intentional destruction of the videotape. [read post]
2 Jun 2010, 10:13 am
” The irony of such a sanction, the court noted, was that it may to BL’s advantage where the alternative, an adverse inference instruction, may have put the jury in a “punitive mindset” when it considered underlying liability. [read post]
11 May 2010, 4:02 pm
Apr. 27, 2010) Upon finding that defendants spoliated relevant information, including emails, Skype messages, and computer logs, the court declined to order an adverse inference, to preclude defendants from the presentation of arguments implicating the discarded documents, or to order defendants to pay plaintiff’s costs, but ordered monetary sanctions in the amount of $10,000, after balancing “2FA’s litigation conduct with its status as a small… [read post]
6 May 2010, 9:47 am
This discovery battle lasted almost two and a half years and resulted in large monetary sanctions against UBS and an adverse inference instruction at trial. [read post]
16 Apr 2010, 1:42 pm
An adverse inference can be applied against a defendant for spoliation when there is merely “negligent destruction of relevant evidence. [read post]
13 Apr 2010, 5:03 pm
Contemplating an appropriate sanction, the court declined to impose the drastic sanctions of dismissal or adverse inference. [read post]
6 Apr 2010, 7:17 pm
Seda v Epstein, 2010 NY Slip Op 02850 (1st Dept. 2010) “There is no evidence that defendants’ removal of the debris was willful; indeed, the preliminary conference order merely stated that defendants were to make the premises available for inspection, and plaintiff did not [*2]schedule an inspection for more than two years [...] [read post]
16 Mar 2010, 10:19 pm
As a result, the defendants were subjected to sanctions including an award of attorneys’ fees and an adverse inference jury charge. [read post]
15 Mar 2010, 12:43 am
Based on all facts at hand, the court granted SMS an adverse inference jury instruction based on the Defendants’ failure to preserve their BlackBerrys. [read post]
12 Mar 2010, 9:00 am
” Judge Rosenthal did authorize the issuance of an adverse inference instruction, but unlike Pension Committee, the court made the preliminary findings necessary to submit the spoliation evidence and the adverse inference instruction to the jury. [read post]
5 Mar 2010, 6:47 am
Traditionally, a party is entitled to an adverse inference instruction as to spoliated evidence only if it can show, among other prerequisites, that the evidence was relevant to the party’s claim or defense and that the party suffered real prejudice as a result of the spoliation.Noting that it is almost impossible for a party to make such a showing when it cannot know the substance of the spoliated evidence, Judge Scheindlin created a new burden-shifting… [read post]
4 Mar 2010, 10:35 am
All tolled, the court found thirteen plaintiffs either negligent or grossly negligent in meeting their discovery obligations and issued sanctions that ranged from further discovery (at the low end), to monetary sanctions and an adverse inference “spoliation charge” (at the high end). [read post]
2 Mar 2010, 10:11 am
” [Citation omitted.]Accordingly, the court ordered an adverse inference instruction to be given to the jury. [read post]
26 Feb 2010, 5:23 am
Scheindlin acknowledged that giving an adverse inference instruction was a serious blow, but concluded it was warranted because the failure to comply with the obligations established under Zubulake were so pervasive as to rise to the level of gross negligence. [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]
4 Feb 2010, 8:53 am
“The spoliation inference permits the jury to infer that the evidence destroyed or concealed would not have been favorable to the spoliator. [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]
21 Jan 2010, 8:18 am
In the case of intentional spoliation, one civil remedy available to the aggrieved party is the spoliation inference. [read post]
12 Jan 2010, 8:59 am
Finally, most courts state that negligence is not enough all alone To find adverse inference -- intentional spoliation must be shown. [read post]
3 Jan 2010, 11:07 pm
Based on its finding of bad faith spoliation, the court granted plaintiff’s request for an adverse inference instruction. [read post]
