Search for: "spoliation adverse inference" Results 1 - 20 of 404
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14 Jul 2011, 2:29 pm by Daniel E. Cummins
The Court allowed the Plaintiff the sanction of an adverse inference against the Defendant. [read post]
10 Nov 2011, 4:30 am by Frances Zacher
Indeed, a court can give a party a slap on the wrist, an adverse inference, or even dismiss the complaint of a plaintiff or strike the answer of a defendant. [read post]
6 Apr 2018, 4:30 am by Daniel E. Cummins
.), the court granted a defense Motion for an  Adverse Inference Spoliation Sanction under a finding that the Plaintiff had spoliated a fire scene in a products liability suit. [read post]
11 Feb 2019, 8:12 am by Lebowitz & Mzhen
A recent state appellate decision discusses a situation where an adverse inference instruction may be appropriate. [read post]
23 Aug 2012, 10:08 am by Docket Navigator
The court granted defendants' motion for relief from the magistrate judge's order denying as untimely defendant's motion for a mirror spoliation adverse inference instruction against plaintiff. [read post]
16 Jan 2013, 8:30 am by Catherine.Kiernan
The District Court judge ruled that an adverse inference was warranted for allegations of discovery abuse pertaining to messages sent on Facebook. [read post]
22 Jul 2016, 4:05 pm by Wendy Butler Curtis
However, if a court finds that a party acted in “bad faith” – that is, with intent to deprive an opposing party of relevant evidence – it may order more severe sanctions, such as a presumption that the evidence was unfavorable to the spoliating party or an adverse inference jury instruction. [read post]
6 Aug 2014, 6:00 am by dsodroski
Hart, District Court Judge Shira Sheindlin reversed a decision of the lower court and imposed sanctions against a plaintiff for its willful spoliation of electronically stored information (ESI). [read post]
7 Jan 2007, 3:37 pm
Richard Miller at Maryland Injury Lawyer Blog this week posted a commentary on the adverse inference from spoliation (loss or destruction) of truck driver logs, referring to case law including a Georgia case. [read post]
10 Sep 2009, 4:05 am
  The Court found that all five elements necessary to allow a rebuttable adverse inference that the missing evidence is harmful to the spoliator were present. [read post]
29 Dec 2011, 3:00 am by Doug Austin
Havana Bar, Restaurant & Catering, the court addressed the parties’ cross motions for sanctions, ordering an adverse inference for the defendants’ failure to preserve relevant video surveillance footage, as well as an adverse inference for the plaintiff’s failure to preserve relevant witness statements. [read post]
27 Jul 2012, 2:48 am by David
The judge has entered an adverse inference order in the suit.   [read post]
19 Jul 2019, 8:11 am by PaulKostro
In the context of a claim of spoliation by a defendant, the use of an adverse inference should create a complete substantive remedy because the jury will decide, as part of the case in chief, whether the missing evidence existed and was destroyed by defendant. [read post]
13 Feb 2012, 9:41 am by Fernando M. Pinguelo
I’m sure Yogesh Patel did not “LOL” when a District Court judge ruled that an adverse inference was warranted for allegations of discovery abuse pertaining to messages sent on Facebook. [read post]
4 Jan 2013, 9:08 am by Docket Navigator
The deterrent effect of an adverse jury instruction is 'limited in scope' because of the uncertainty as to whether a jury would draw an inference against the spoliator. . . . [read post]
5 Apr 2013, 4:52 am
The Court held that an adverse inference instruction will be given to the jury. [read post]
23 Jul 2019, 10:01 pm by Doug Austin
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]