Case Law

Sign O’ the Times: Pop Music and Spoliation Allegations

Spoliation is a word that strikes fear into the hearts of corporate legal professionals.

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…

Medical Records Proportional Ediscovery In ADA Claim

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

Plaintiff displays ‘flagrant disregard’ for court’s orders and discovery process

Judge notes that while clowns are scary, ESI is not

Court finds ‘much more serious’ spoliation intended to gain litigation advantage

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.

Court denies disproportionate and intrusive forensic examination of cell phone

Don’t Delay: Sanctions for Spoliation Denied as Untimely