Search for: "spoliation adverse inference"
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20 Mar 2009, 11:20 am
Accordingly, plaintiffs filed a motion for sanctions, specifically an adverse inference instruction. [read post]
13 Mar 2009, 5:26 am
If the ACTL truly wants to make discovery more just, speedy and efficient, I can see three easy ways to level the playing field under these proposals: Mandate spoliation and/or adverse inference sanctions for parties that do not produce adequate initial disclosures in a timely fashion; Modify the summary judgment burden of persuasion to eliminate the non-movant's requirement to produce specific evidence in rebuttal (since they're less… [read post]
6 Mar 2009, 12:00 am
Buyer beware: suspicious timing warrants adverse inference instruction for spoliation of electronic data, and a punitive damage claim based on that inference [read post]
1 Mar 2009, 2:48 pm
Kvitka's claims and an adverse inference instruction on Defendants' cross-claims. [read post]
24 Feb 2009, 2:48 pm
Kvitka's claims and an adverse inference instruction on Defendants' cross-claims. [read post]
20 Feb 2009, 10:15 am
Defendants moved for spoliation sanctions. [read post]
5 Feb 2009, 11:34 am
The court rejected a number of plaintiffs’ requested sanctions as dispositive, “a result that would go far beyond simply restoring Plaintiffs to the same position they would have been in had there been no spoliation of evidence,” but granted an adverse instruction as to several issues and precluded defendants from challenging plaintiffs’ statistical evidence “on the grounds that it did not accurately reflect pre-spoliation… [read post]
20 Jan 2009, 8:14 am
The only bright spot for defendants on the e-discovery front was that the court denied the plaintiffs' motions for adverse inference instructions, solely on the grounds that defendants' victory on the merits mooted that issue. [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]
11 Dec 2008, 2:02 pm
New York - Default judgment: the ultimate sanction for spoliationKramer Levin Naftalis & Frankel LLP"Sanctions that courts may impose for spoliation of evidence are well-documented, and range from costs and attorneys' fees to adverse inference jury instructions. [read post]
10 Dec 2008, 4:32 pm
A "lackidasical attitude" towards e-discovery doesn't pay, as the defendant in patent infringement litigation learned when the court awarded plaintiffs their attorney fees, expert witness fees and costs that could total over $1 million for re-doing tasks made necessary by defendants’ misconduct and ordered a mandatory adverse inference jury instruction against defendants. [read post]
5 Nov 2008, 10:23 pm
Justifying his recommendation, the magistrate judge explained that the harshest sanctions were warranted where lesser sanctions would not deter future misconduct, that the “most serious forms of spoliation merit the harshest sanctions,” and that the lesser sanction of adverse inference could not remedy the prejudice to the plaintiffs. [read post]
21 Oct 2008, 9:27 pm
Oct. 1, 2008) (Not for Publication) In this case arising from failed negotiations for a long term development loan, the plaintiff filed a motion for spoliation sanctions and sought an adverse inference in its favor. [read post]
20 Sep 2008, 10:15 pm
Accordingly, the court ruled that spoliation of evidence had occurred, and that plaintiffs were entitled to an adverse inference regarding that evidence, to the effect that the spoliated evidence would have supported plaintiffs' claims of falsity in defendants' representations about their fiscal soundness, which induced the plaintiffs to invest. [read post]
19 Sep 2008, 7:23 pm
Accordingly, the court granted a variety of remedies, including an adverse inference instruction. [read post]
11 Sep 2008, 9:12 pm
Plaintiffs moved for terminating sanctions or, in the alternative, for lesser sanctions in the form of adverse inference instructions and an order precluding defendants from relying on spoliated evidence. [read post]
5 Sep 2008, 12:42 am
Judge Illston refused to go beyond the evidentiary inference, despite request by the plaintiffs for additional sanctions and summary judgment based on spoliation of evidence. [read post]
26 Aug 2008, 7:41 pm
” In the end, the magistrate judge imposed a monetary sanction of fees and costs associated with defendants' discovery misconduct, and recommended that the district court give an adverse inference jury instruction to address the spoliation that occurred. [read post]
21 Aug 2008, 12:51 pm
To the extent there is any danger of confusion of the issues, a limiting instruction could be utilized to caution the jury that the Segar litigation evidence is to be considered only as evidence of retaliatory animus.Adverse inference instructionBuckley also argued on appeal that the district court wrongly refused her request for an adverse inference instruction against the government for spoliation of evidence. [read post]
7 Aug 2008, 9:06 pm
Moreover, the spoliation inference is particularly appropriate in order to deter similar conduct by Plaza and other businesses in the future. [read post]
