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
The plaintiff argued his medical records weren’t relevant; the court held that he “placed his mental condition at issue” by asserting an 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
In this alleged click-fraud case, the court concluded that a forensic inspection of the defendant’s devices was proportional to the needs of the case.
Plaintiff displays ‘flagrant disregard’ for court’s orders and discovery process
On appeal, the Eleventh Circuit affirmed, finding that the plaintiff’s failure to provide discovery justified the “last resort” sanction of dismissal.
Judge notes that while clowns are scary, ESI is not
In this pharmaceutical case, the court ordered the parties to randomly sample the ESI null set for responsiveness after keyword searching.
Court finds ‘much more serious’ spoliation intended to gain litigation advantage
In this contract claim, the court imposed the rare sanction of dismissal for the plaintiffs’ intentional spoliation and alteration of evidence.
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
In this TCPA claim, the court denied a forensic examination of the plaintiff’s cell phone, finding that no relevant evidence would be discovered.
Don’t Delay: Sanctions for Spoliation Denied as Untimely
The court denied spoliation sanctions as untimely when neither party discussed the loss of evidence until almost four years after it occurred.