In this employment case, the magistrate imposed monetary sanctions and recommended an adverse inference jury instruction for the defendants’ spoliation of electronically stored information (ESI). Although the defendants were on notice of the plaintiff’s claims and had a clear obligation to preserve relevant information, they intentionally deleted her email and work data…
Experience Hendrix, LLC v. Pitsicalis No. 17 Civ. 1927 (PAE) (S.D.N.Y. Nov. 27, 2018)In this copyright infringement case, the court imposed sanctions on specific defendants for their continued discovery abuses. Specifically, it ordered an adverse inference jury...
Porter v. City & Cnty. of San Francisco No. 16-cv-03771-CW(DMR) (N.D. Cal. Sept. 5, 2018) In this wrongful death case, the court imposed sanctions against the defendant for its spoliation of evidence. It also found that the defendant waived privilege and compelled it...
Decker v. Target Corp. In this personal injury claim, the court granted harsh sanctions for the defendant’s bad faith spoliation of evidence.This case began with a 2015 accident in a store operated by the defendant, Target. The plaintiff, Caryl…
Mueller v. Swift, No. 15-cv-1974-WJM-KLM, 2017 U.S. DIST. LEXIS 112276 (D. Colo. July 19, 2017). In this tort action and its famous countersuit, the court granted the defendant partial, rather than severe, sanctions because the plaintiff was not “innocent” in failing...