Search for: "spoliation adverse inference"
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5 Sep 2020, 11:02 am
Intentionally destroying material evidence to the prejudice of an opponent – called “spoliation” – can result in imposition of sanctions by the court, ranging from adverse inferences to preclusion of expert testimony to outright dismissal of a case. [read post]
12 Aug 2020, 5:00 pm
Evidence regarding destruction was allowed, no testimony from plaintiffs regarding unpreserved ESI and adverse inference instruction. [read post]
20 Jul 2020, 11:12 am
Finally, the district court concluded that an adverse inference jury instruction was insufficient to remedy the harm because Defendants’ spoliation had deprived QueTel of its ability to pursue its copyright infringement and trade secret misappropriation claims. [read post]
26 Jun 2020, 6:19 pm
When a case involves negligent spoliation, courts have utilized adverse evidentiary inferences and adverse presumptions during trial to address the lack of evidence. [read post]
22 Dec 2019, 2:06 pm
” Remedies include “[1] the preclusion of proof favorable to the spoliator to restore balance to the litigation, [2] requiring the spoliator to pay costs to the injured party associated with the development of replacement evidence, or [3] employing an adverse inference instruction at the trial of the action. [read post]
8 Dec 2019, 10:01 pm
Here’s one that’s notable regarding the use of ephemeral messaging and spoliation sanctions. [read post]
5 Dec 2019, 11:54 am
There, the court sanctioned Kolon for intentionally deleting emails and files from computers by giving the jury an instruction that Kolon’s spoliation conduct may create an adverse inference against Kolon (e.g., that the spoliated evidence would have supported the misappropriation claims against Kolon). [read post]
15 Nov 2019, 8:16 am
In Texas, a judge may give the jury an instruction to make an adverse inference against the offending party. [read post]
14 Oct 2019, 3:00 pm
The jury may be instructed that they can draw adverse inferences towards the offending party and the evidence that they destroyed. [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]
17 Sep 2019, 2:33 am
Respondent sought the entry of judgment or, alternatively, an adverse inference regarding the content of the lost Instagram posts. [read post]
27 Aug 2019, 10:01 pm
Jayne denied both the plaintiffs’ and defendants’ motion for sanctions for spoliation of evidence, finding no intent to deprive by either side to justify a sanction of either an adverse inference jury instruction or directed verdict (for the plaintiffs)/dismissal (for the defendants). [read post]
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]
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]
29 Jul 2019, 10:01 pm
» Related StoriesNo Proof of Intent to Deprive Means No Adverse Inference Sanction: eDiscovery Case LawSimon Says – Once, Twice, Three Times a Spoliator: eDiscovery Case LawCourt Denies Defendant’s Motion to Compel Production of Documents and Metadata: eDiscovery Case Law [read post]
23 Jul 2019, 10:01 pm
Smith granted in part and denied in part the plaintiff’s motion for spoliation sanctions against defendant Pauley Motor, denying the plaintiff’s request for an adverse inference...Read the whole entry... [read post]
3 Jul 2019, 1:07 pm
These sanctions are varied and may range from an award of attorney’s fees to an adverse inference instruction, which is an instruction to the jury that they must infer that the litigant’s failure to preserve the evidence means that the evidence was unfavorable to the litigant. [read post]
24 May 2019, 9:49 am
If a court determines that a party spoliated evidence, there are a variety of possible sanctions, including an adverse inference instruction. [read post]
23 May 2019, 7:13 pm
This includes a request for a sanction of directing an adverse inference at trial. [read post]
2 May 2019, 5:30 am
As such, the trial court refused to give the requested adverse inference charge. [read post]
