adverse inference
Defendants deleted evidence before and after legal hold, then misrepresented its availability
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).…
Anti-forensic software and intentional deletion of text messages earns adverse inference
In this copyright infringement case, the court imposed sanctions on specific defendants for their continued discovery abuses.
Finding ‘gross negligence, not intentional malfeasance,’ court denies adverse inference
In this wrongful death case, the court imposed FRCP 37(e) sanctions, finding that spoliation caused prejudice, but denied an adverse inference.
Litigant’s attempt to ‘take advantage of’ evidence it spoliated proves its bad faith
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…
