Search for: "spoliation adverse inference"
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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]
28 Dec 2009, 4:00 am
" "that the radios and their missing accessories would yield evidence adverse to Defendants' case had they been produced. [read post]
26 Dec 2009, 11:44 am
(“TRI”) is interrupted by findings of contempt and spoliation of evidence resulting in severe sanctions. [read post]
23 Dec 2009, 12:52 pm
Turning to the issue of spoliation, the court identified the need for a showing of intentional or reckless spoliation of documents subject to a duty to preserve to justify the imposition of dismissal claims of an adverse inference. [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]
3 Dec 2009, 9:29 am
Turning to the question of sanctions for the deletion of a relevant custodian’s emails, the court first discussed its inherent power to sanction litigants, particularly with an adverse inference instruction, but noted the necessity of a finding of bad faith. [read post]
1 Dec 2009, 11:35 am
The Court awarded attorneys’ fees and imposed an adverse inference, and I opined "Kates should thank his lucky stars the Court decided to go easy on him. [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]
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]
27 Oct 2009, 7:00 am
Oct. 21, 2009): The relevant circuit for this court, the United States Court of Appeals for the Federal Circuit, has not definitively addressed whether a finding of bad faith is required before a court can find spoliation or impose an adverse inference or other sanction. [read post]
15 Oct 2009, 3:07 pm
The Court also noted that: [b]ecause the motion for sanctions sought extensive relief directed to the merits of this case as a whole, including dismissal or an adverse inference in favor of Plaintiffs, the time spent by attorneys with that level of experience may have been reasonable. [read post]
8 Oct 2009, 3:32 pm
First, relevance "may be inferred if the spoliator is shown to have a sufficiently culpable state of mind. [read post]
30 Sep 2009, 12:00 am
Adverse inference sanctions granted for spoliation of data on BlackBerries despite their synchronization with company email server 'Early' now the operative word for 'case assessment' Forensic Audio: Myths, Promises, and Realities ADERANT Introduces Project Accounting Capabilities [read post]
16 Sep 2009, 7:34 pm
Rosenbaum of Reed Smith on the firm's blog, Legal Bytes Court Orders Adverse Inference for Spoliation of Data on Handheld Devices - The blogging lawyers and attorneys at K&L Gates on their blog, Electronic Discovery Law Pennsylvania Right-To-Know Lawsuits Piling Up; Is It Time For Fee-Shifting? [read post]
16 Sep 2009, 11:29 am
Declining to impose the requested sanction of default judgment, the court found an adverse inference instruction to be the “most appropriate” sanction, and entered an order accordingly. [read post]
10 Sep 2009, 4:05 am
The Court found that all five elements necessary to allow a rebuttable adverse inference that the missing evidence is harmful to the spoliator were present. [read post]
10 Sep 2009, 1:40 am
In this federal court ruling from Florida, the court imposed the penalty of an adverse inference due to the spoliation of data on a Blackberry by employees of a company that was subject to a TRO that included a duty to preserve relevant data. [read post]
31 Aug 2009, 6:00 am
2003) (although audio tape recordings were destroyed prior to the litigation as a matter or routine subject to the destruction policy, the adverse inference jury instruction spoliation sanction was affirmed as voice recordings were related to the litigation and lawsuit was certain to arise rendering destruction unreasonable and inferring intent.); In re Prudential Ins. [read post]
18 Aug 2009, 11:00 pm
Adverse-inference instructions are given only in extreme spoliation cases. [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]
