Search for: "spoliation adverse inference"
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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]
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]
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, 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]
12 Aug 2012, 7:58 pm
This rule had made it too easy for a party to play “gotcha” and obtain an adverse inference instruction that may have been unwarranted. [read post]
19 Apr 2012, 11:54 am
The magistrate judge recommended against severe sanctions (the striking of defenses or adverse inferences) because the evidence failed to show the plaintiff was prejudiced by the loss email communications. [read post]
21 Sep 2020, 3:08 pm
If a party fails to preserve evidence but the party did not act intentionally or recklessly, the fact-finder may still draw an inference adverse to the party that failed to preserve the evidence. [read post]
1 Jun 2009, 7:12 am
Adverse Inference The court explained the prerequisites based on recent Delaware Supreme Court precedent for the penalty of drawing an adverse inference against a spoliator 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]
28 Mar 2022, 5:30 am
This time, the court addressed a Motion In Limine filed by the Plaintiff for spoliation sanctions in the form of an adverse inference charge and preclusion of testimony and evidence relating to the failure to retain Defendant, Nicole Tomlinson’s cell phone records. [read post]
16 Jan 2019, 9:34 am
The trial court granted the plaintiffs’ motion for an adverse inference charge at trial as a sanction for its spoliation of evidence. [read post]
3 Aug 2010, 1:42 pm
The Copurt has expanded the remedies available to courts dealing with spoliating defendants by permitting the use of discovery sanctions and adverse inferences, see Rosenblit v. [read post]
12 Dec 2017, 10:01 pm
» Related StoriesDispute Over Scope of Preservation Obligation Leads to Partial Sanctions For Now: eDiscovery Case LawHouston, We Have a Problem – Court Specifies Jury Instructions to Address Spoliation Findings: eDiscovery Case LawCourt Disagrees with Plaintiff’s Contentions that Defendant’s TAR Process is Defective: eDiscovery Case Law [read post]
24 Apr 2016, 11:00 pm
Mar. 7, 2016), Oklahoma District Judge Vicki Miles-LaGrange granted the plaintiff’s motion for sanctions for emails that were not preserved during an email provider switch via an adverse inference instruction, but denied the plaintiff’s motion for sanctions for deleting files and for wiping the computer of one of its employees. [read post]
11 Feb 2016, 10:00 pm
» Related StoriesChanges in Federal Rules Result in Reversal of Adverse Inference Sanction: eDiscovery Case LawCourt Gives Plaintiff 21.5 Million Reasons for Not Spoliating Emails: eDiscovery Case LawAppeals Court Upholds Terminating Sanctions For Wipe of Cell Phone: eDiscovery Case Law [read post]
24 May 2016, 10:00 pm
» Related StoriesFailure to Extend Preservation Hold to Headquarters Does Not Lead To Adverse Inference Sanction: eDiscovery Case LawDefendant Sanctioned for Loss of Emails During Provider Switch, But No Sanction For Wiped Hard Drive: eDiscovery Case LawCourt Orders Plaintiff to Perform a “Download Your Info” From Facebook: eDiscovery Case Law [read post]
25 Apr 2017, 10:00 pm
McGiverin partially granted and partially denied the plaintiff’s motion for spoliation sanctions against the defendants, ordering an adverse-inference instruction for the ESI “willfully discarded or deleted” from one defendant’s laptop and external hard drive. [read post]
16 Nov 2014, 10:00 pm
AXA Network, LLC, New York Magistrate Judge Kevin Nathaniel Fox granted the plaintiff’s request for sanctions against the defendant, awarding an adverse inference jury instruction for several weeks of spoliated audio recordings and also awarding “reasonable attorney's fees and costs” associated with the motion as well as retaking several depositions. [read post]
14 Nov 2016, 9:00 pm
Lloyd issued permissive adverse inference instruction sanctions against the defendant for deleting relevant text messages “with the intent to deprive” the plaintiff of the use of those text messages and for failing to produce native-format data that it was repeatedly ordered to produce. [read post]
2 Nov 2014, 10:00 pm
However, the judge denied the plaintiffs request for summary judgment, granting an adverse inference instruction instead. [read post]
