Search for: "spoliation adverse inference"
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20 Mar 2024, 7:00 am
As we previously discussed, adverse inference sanctions are just one of the many tools at the disposal of the agencies and courts if preservation is not properly conducted—and a motion for sanctions is not the time to start thinking about preservation. [read post]
26 Feb 2024, 7:18 am
The court, however, declined to impose the more serious sanctions against Harrison – namely, an adverse inference and the exclusion of evidence – because Utah failed to show Harrison acted in bad faith, specifically with an “intent to deprive” plaintiffs of the spoliated evidence in the litigation, a requirement under Rule 37(e). [read post]
26 Feb 2024, 7:18 am
The court, however, declined to impose the more serious sanctions against Harrison – namely, an adverse inference and the exclusion of evidence – because Utah failed to show Harrison acted in bad faith, specifically with an “intent to deprive” plaintiffs of the spoliated evidence in the litigation, a requirement under Rule 37(e). [read post]
26 Feb 2024, 7:18 am
The court, however, declined to impose the more serious sanctions against Harrison – namely, an adverse inference and the exclusion of evidence – because Utah failed to show Harrison acted in bad faith, specifically with an “intent to deprive” plaintiffs of the spoliated evidence in the litigation, a requirement under Rule 37(e). [read post]
24 Jan 2024, 5:00 am
The decedent was then cremated shortly thereafter.During the course of this litigation, certain Defendants filed the Motion for Spoliation Sanctions seeking to have the case dismissed with prejudice or, in the alternative, to preclude any autopsy evidence and to have an adverse inference instruction issued based upon the son’s alleged deliberate spoliation of evidence by way of cremating his mother’s body which thereby deprived the facility of its own… [read post]
23 Jan 2024, 6:00 am
Gener8 LLC v. [read post]
25 Sep 2023, 5:00 am
The court also noted that the finding of the entitlement to a spoliation adverse inference or an award of litigation expenses was premature at the present juncture of the case. [read post]
1 Sep 2023, 6:06 am
Thus, the court granted the FTC’s request for an adverse inference that the spoliated evidence is presumed to be unfavorable to the individual defendants. [read post]
1 Sep 2023, 6:06 am
Thus, the court granted the FTC’s request for an adverse inference that the spoliated evidence is presumed to be unfavorable to the individual defendants. [read post]
1 Sep 2023, 6:06 am
Thus, the court granted the FTC’s request for an adverse inference that the spoliated evidence is presumed to be unfavorable to the individual defendants. [read post]
2 Aug 2023, 5:00 am
Here, in light of the conflicting evidence about the existence of any applicable video recording, the court noted that the jury was properly allowed to draw an adverse inference if it found that the Defendant had possessed a video but had not produced it. [read post]
28 Jul 2023, 4:06 am
" Although Respondent did not disclose the evidence of its letter-writing campaign for over one year, delayed disclosure, as in this case, is not equivalent to actively misleading the adverse party as to the non-existence of documents, destroying evidence, making a false representation to the Board, or submitting a false document to the Board, which are generally the types of conduct involved when the Board has made adverse inferences as a sanction. [read post]
10 Jul 2023, 10:32 am
Accordingly, the court declined the plaintiff’s motion for an adverse inference instruction or barring the defendant’s affirmative defenses because the plaintiff failed to make the required showing of specific intent under Rule 37(e)(2). [read post]
10 Jul 2023, 10:32 am
Accordingly, the court declined the plaintiff’s motion for an adverse inference instruction or barring the defendant’s affirmative defenses because the plaintiff failed to make the required showing of specific intent under Rule 37(e)(2). [read post]
10 Jul 2023, 10:32 am
Accordingly, the court declined the plaintiff’s motion for an adverse inference instruction or barring the defendant’s affirmative defenses because the plaintiff failed to make the required showing of specific intent under Rule 37(e)(2). [read post]
1 Jul 2023, 6:30 am
Harris, the Court of Chancery for the first time imposed an adverse inference at the motion to dismiss stage and held that it could do so without treating the inference as a formal discovery sanction under Rule 37. [read post]
1 Jul 2023, 6:30 am
Harris, the Court of Chancery for the first time imposed an adverse inference at the motion to dismiss stage and held that it could do so without treating the inference as a formal discovery sanction under Rule 37. [read post]
2 Jun 2023, 9:45 am
What evidence do I need to make a truck accident claim? [read post]
2 Jun 2023, 9:45 am
What evidence do I need to make a truck accident claim? [read post]
1 Jun 2023, 6:33 am
The opinion is quite interesting with respect to the remedy fashioned by the court, in that a curative jury instruction under 37(e)(1) allowing the jury to hear the evidence of spoliation and “draw any inference” it wants, including one that Schnatter intentionally spoliated, comes dangerously close to a de facto “permissive” adverse inference, a remedy only allowed under 37(e)(2)(B) where intent to deprive has been demonstrated… [read post]
