Search for: "spoliation adverse inference"
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16 Mar 2016, 8:21 am
Spoliation can result in adverse inferences at trial and serious sanctions. [read post]
24 Feb 2016, 10:00 pm
Sweet granted in part and denied in part the plaintiffs’ motion seeking sanctions for spoliation of evidence against the defendants for failure to issue a litigation hold, opting for a permissive inference rather than a mandatory adverse inference sanction against the defendants. [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]
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]
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]
7 Feb 2016, 10:00 pm
» Related StoriesAppeals Court Upholds Terminating Sanctions For Wipe of Cell Phone: eDiscovery Case LawCourt Gives Plaintiff 21.5 Million Reasons for Not Spoliating Emails: eDiscovery Case LawCourt Orders Sanctions Against Defendant for Spoliation of Emails and Other Documents: eDiscovery Case Law [read post]
3 Feb 2016, 5:08 pm
Specifically, the rule now permits an adverse inference for failure to preserve ESI “only upon finding that the [spoliating] party acted with the intent to deprive another party of the information’s use in the ligation. [read post]
27 Jan 2016, 6:25 am
” When choosing a remedy, the Magistrate Judge noted that in light of his findings, an adverse inference or dismissal were available options, but also noted that “such drastic sanctions [were] not mandatory. [read post]
17 Jan 2016, 10:00 pm
Ohio Public Employees Retirement System, No. 654586/2012 (Supreme Court of New York, New York County, December 7, 2015), the Court, determining that the defendant had spoliated data, found that the plaintiff had not demonstrated sufficient facts to warrant striking the defendant’s affirmative defenses, but opted to order an adverse inference instruction and also...Read the whole entry... [read post]
3 Nov 2015, 3:41 pm
For that reason, and because only intentional spoliation logically supports an adverse inference, the trial court erred when it ruled in limine that it would admit evidence and allow defense argument in support of such an inference. [read post]
19 Oct 2015, 11:00 pm
Case Background In this contractual dispute, the defendants sought sanctions in the form of an adverse inference jury instruction for the plaintiff’s failure to preserve evidence,...Read the whole entry... [read post]
17 Sep 2015, 1:57 pm
The jury will be given notice of the adverse inference. [read post]
13 Sep 2015, 11:00 pm
» Related StoriesCourt Rules that State Agency is Not Responsible for Emails Deleted via the Retention Policy of Another State Agency: eDiscovery Case LawPlaintiff Once Again Sanctioned with an Adverse Inference Instruction, But Still No Complete Dismissal: eDiscovery Case LawApparently, in Discovery, Delta is Not Ready When You Are and It Has Cost Them Millions: eDiscovery Case Law [read post]
14 Aug 2015, 11:20 am
Plaintiff’s request for an adverse inference was denied. [read post]
10 Aug 2015, 1:20 pm
On April 29, 2015, the United States Supreme Court adopted the long anticipated amendments to the Federal Rules of Civil Procedure. [read post]
10 Aug 2015, 1:20 pm
On April 29, 2015, the United States Supreme Court adopted the long anticipated amendments to the Federal Rules of Civil Procedure. [read post]
3 Aug 2015, 11:00 pm
» Related StoriesCourt Denies Plaintiff’s Request for Spoliation Sanctions, as Most Documents Destroyed Before Duty to Preserve: eDiscovery Case LawSimilar Spoliation Case, Somewhat Different Outcome: eDiscovery Case LawPlaintiff Once Again Sanctioned with an Adverse Inference Instruction, But Still No Complete Dismissal: eDiscovery Case Law [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 2015, 11:00 pm
» Related StoriesPlaintiff 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 LawNew York Supreme Court Sanctions Two Attorney Defendants for “Egregious Misconduct” in Spoliation of Data: eDiscovery Case Law [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]
