Search for: "spoliation adverse inference"
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6 Aug 2019, 10:01 pm
» Related StoriesCourt Recommends Finding of Intent to Deprive for Defendant’s Lost Text Messages: eDiscovery Case LawCourt Sanctions Plaintiff for Spoliation of Facebook Account: eDiscovery Case LawNo Proof of Intent to Deprive Means No Adverse Inference Sanction: eDiscovery Case Law [read post]
20 Jul 2009, 4:55 am
" In addition to the adverse inference instruction, the Court awarded Plaintiffs their attorneys' fees relative to the spoliation issue. [read post]
10 Aug 2017, 10:00 pm
Martinez ruled that “Plaintiff’s loss or destruction of the complete recording of the June 3, 2013 conversation [between the plaintiff and his supervisors] constitutes sanctionable spoliation of evidence”, but rejected the defendants’ request to make a finding of bad faith and to give the jury an adverse inference instruction, opting instead for permitting the defendants to...Read the whole entry... [read post]
5 Apr 2015, 11:00 pm
Pratter, after a hearing to consider whether to draw an adverse inverse instruction due to the defendant’s possible spoliation of video evidence, determined that “a spoliation inference would not be appropriate here”. [read post]
20 Apr 2015, 11:00 pm
Wang granted the plaintiff’s motion for sanctions against the defendant in part for failing to produce a computer that the defendant ultimately acknowledged that he discarded, but denied the plaintiff’s request for a default judgment sanction, opting for the less severe adverse inference instruction sanction. [read post]
1 May 2016, 10:00 pm
Mariani denied the plaintiff’s request for an adverse inference sanction for the defendants’ failure to preserve trucking logs related to an accident between the plaintiff and a truck driver working for the defendant’s company, but did agree not to allow the defendants to prove the contents of the destroyed documents by other means or argue their contents in dispositive motions or at...Read the whole entry... [read post]
19 Sep 2019, 5:00 am
Here is a LINK to an article of mine entitled "Trial Court Erred in Refusing to Give Adverse Inference Instruction After Videotape Lost" which was recently published in the Civil Litigation Update Vol. 22, No. 3 (Summer 2019) issued by the Civil Litigation Section of the Pennsylvania Bar Association.The article analyzes the Pennsylvania Superior Court's latest analysis of the law surrounding spoliation of evidence as set forth in the Court's… [read post]
1 Aug 2019, 10:01 pm
During our webcast on Wednesday on Key eDiscovery Case Law Review for the First Half of 2019 (which, if you missed it, can be viewed here), Tom O’Connor and I discussed several cases that couldn’t quite get to the stage of issuing an adverse inference sanction for spoliation of ESI. [read post]
20 Jul 2015, 11:00 pm
» Related StoriesSimilar Spoliation Case, Somewhat Different Outcome: eDiscovery Case LawPlaintiff Once Again Sanctioned with an Adverse Inference Instruction, But Still No Complete Dismissal: eDiscovery Case LawJudge Recommends Default Judgment Sanctions Against Defendants, Even Though Some Deleted Files Were Recoverable: eDiscovery Case Law [read post]
14 Jul 2011, 1:26 pm
Green, 224 S.C. 460, 79 S.E.2d 718 (1954) (allowing an adverse inference for failure to produce records). [read post]
31 Oct 2013, 5:29 am
” In particular, the court cited the absence of bad faith and Plaintiff’s failure to demonstrate prejudice, which “counsel[ed] against” imposing an adverse inference. [read post]
19 Oct 2011, 5:32 am
This post examines a recent opinion from a Michigan federal district court in which the issue was the propriety of giving what’s known as an “adverse inference” or “spoliation” instruction. [read post]
3 Nov 2006, 12:17 pm
Oct. 25, 2006) In this opinion, the court denied plaintiffs’ request for spoliation sanctions in the form of a default judgment, and instead granted plaintiffs’ alternative request for a... [read post]
2 Jan 2018, 7:03 am
Adverse inference instruction. [read post]
8 Jul 2015, 11:00 pm
Wilkins granted the defendants’ motion for summary judgment with respect to the plaintiff’s claims for negligence, battery, and defamation, but chose to “impose lesser, but nonetheless severe, sanctions” in the form of an adverse inference instruction for her remaining claim for intentional infliction of emotional distress. [read post]
18 Feb 2016, 9:22 am
Based on this finding, the trial court struck the answer of the subsidiary and imposed a trial adverse inference sanction against the parent company with regard to that ESI. [read post]
1 Mar 2021, 9:33 am
The New York Supreme Court recently granted a defendant spoliation sanctions, in the form of an adverse inference instruction, against the plaintiff for the “accidental” destruction of years’ worth of text messages from the plaintiff’s cellphones. [read post]
1 Mar 2021, 9:33 am
The New York Supreme Court recently granted a defendant spoliation sanctions, in the form of an adverse inference instruction, against the plaintiff for the “accidental” destruction of years’ worth of text messages from the plaintiff’s cellphones. [read post]
1 Mar 2021, 9:33 am
The New York Supreme Court recently granted a defendant spoliation sanctions, in the form of an adverse inference instruction, against the plaintiff for the “accidental” destruction of years’ worth of text messages from the plaintiff’s cellphones. [read post]
3 Apr 2012, 10:11 am
These remedies include an “adverse inference” (where the jury is instructed that it may infer that the missing evidence, if available, would tend to inculpate the spoliating party), or preclusion of testimony at trial. [read post]
