Spoliation is a word that strikes fear into the hearts of corporate legal professionals.
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Results for: Case Law
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 a 2015 accident in a store operated by the defendant, Target. The plaintiff, Caryl…
Medical Records Proportional Ediscovery In ADA Claim
Tanner v. BD LaPlace, LLC In this disability discrimination lawsuit, the court considered whether information about the plaintiff’s mental health fell within the allowable scope of discovery. It concluded that the plaintiff’s medical and financial records were...
Reasonable Inquiry Explains Lack Of Responsive Discovery
In this negligence case arising from a car accident, the plaintiff moved to compel the production of daily driving reports.
Court finds forensic inspection relevant and proportional
Satmodo, LLC v. Whenever Commc’ns, LLC, No. 3:17-cv-192-AJB-NLS, 2018 WL 3495832 (S.D. Cal. July 20, 2018). In this case alleging a “click fraud” scheme, the court granted the plaintiff’s motion to compel in part. It ordered the defendant to provide a list of its...
Plaintiff displays ‘flagrant disregard’ for court’s orders and discovery process
Lyons v. O’Quinn, No. 16-17069, 2018 WL 4031032 (11th Cir. Aug. 23, 2018).In this appeal of a personal injury case, the plaintiff asked the Eleventh Circuit to reverse the district court’s order dismissing his lawsuit as a discovery sanction. The Eleventh Circuit...
Judge notes that while clowns are scary, ESI is not
City of Rockford v. Mallinckrodt ARD Inc. In this case alleging pharmaceutical price-gouging, the court praised the parties’ cooperation before resolving “an impasse” regarding non-responsive information. The court began this highly entertaining opinion by quoting...
Court finds ‘much more serious’ spoliation intended to gain litigation advantage
Malone v. Weiss In this breach of contract case, the court imposed the rare sanction of outright dismissal, finding that it was the only remedy “proportional to the deleterious conduct” of the plaintiffs. This case began when the plaintiffs, John and Veronica Malone...
Court Weighs Questions On Scope Of Discovery
In this fraudulent inducement claim, the magistrate considered the permissible scope of discovery for the parties’ cross-motions to compel.
Magistrate Denies Forensic Examination
In this trade secret theft case, the magistrate denied the plaintiff’s motion for a forensic inspection of the defendant’s computers.
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