Search for: "spoliation adverse inference"
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29 Oct 2009, 2:09 pm
Specifically contemplating the effectiveness of a possible adverse inference instruction, the court found such an instruction insufficient and unable to adequately cure the loss of defendant’s best evidence. [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]
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]
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]
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]
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]
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]
30 Dec 2009, 5:33 am
(May 29, 2009).The Court Defines the Duty to Preserve Electronically Stored Information and Imposes Adverse Inference for Spoliation TR Investors, LLC, et al. v. [read post]
1 Sep 2023, 6:06 am
Thus, the court granted the FTC’s request for an adverse inference that the spoliated evidence is presumed to be unfavorable to the individual defendants. [read post]
1 Sep 2023, 6:06 am
Thus, the court granted the FTC’s request for an adverse inference that the spoliated evidence is presumed to be unfavorable to the individual defendants. [read post]
1 Sep 2023, 6:06 am
Thus, the court granted the FTC’s request for an adverse inference that the spoliated evidence is presumed to be unfavorable to the individual defendants. [read post]
19 Dec 2008, 8:38 am
EMPLOYMENT- Wrongful Termination - Retaliatory Discharge - Adverse-Inference Charge - Spoliation"Plaintiff should have been given the benefit of an adverse-inference charge relating to missing documents relevant to her disability and retaliation claims that were also the subject of the bifurcated spoliation claims. [read post]
20 Jan 2014, 12:31 pm
I draw an adverse inference against Mr. [read post]
23 Apr 2013, 8:47 pm
Furthermore, as the Court noted at the hearing, even if CCleaner did irrevocably destroy electronic files, that might actually work in AF’s favor; in other words, the stronger the evidence of improper spoliation, the better the chance AF stood of obtaining, e.g., an evidentiary sanction or adverse inference in its favor based on the spoliation. [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]
18 Apr 2013, 8:32 pm
At first Prenda Law tried to hurry up and expedite the discovery over a very specious evidence spoliation concern, an attempt which got nowhere. [read post]
18 Apr 2013, 8:32 pm
At first Prenda Law tried to hurry up and expedite the discovery over a very specious evidence spoliation concern, an attempt which got nowhere. [read post]
15 May 2014, 5:00 am
A an adverse inference instruction as a spoliation sanction is appropriate. [read post]
14 May 2012, 6:45 am
Litigating Spoliation of Evidence Disputes. [read post]
3 Apr 2014, 5:00 am
Plaintiffs predictably sought sanctions that went to the merits of the litigation – to bolster their silent majority of weak cases – rather than just discovery-related issues – demanding default judgments, adverse inference jury instructions, and of course even more cost-shifting, when defendants are already saddled with the great majority of the cost of producing far more information and data than is ever used in any trial. [read post]
