In this employment case, the court sanctioned the plaintiff for destroying cell phone records and lying under oath.
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Results for: Data deletion
Court Denies Spoliation Sanctions
In this personal injury case, the court denied sanctions despite poor preservation and admitted spoliation because the loss of evidence caused no prejudice.
Sanctions For ‘No Special Effort’ To Preserve
Leidig v. BuzzFeed, Inc., No. 16 Civ. 542 (VM) (GWG) (S.D.N.Y. Dec. 19, 2017). In this defamation case, the court ordered evidentiary sanctions to address the prejudice caused by the plaintiffs’ negligent preservation efforts. This matter began in April 2015 when the...
Plaintiff Loses Failing To Prove Video Loss
White v. United States, No. 4:15CV1252 SNLJ (E.D. Mo. Jan. 9, 2018). In this wrongful death case, the plaintiff moved for spoliation sanctions against the U.S. government for destroying video evidence. The court denied the motion without prejudice, holding that the...
‘Lackadaisical’ Preservation Spurs Monetary Sanctions
Hefter Impact Techs., LLC v. Sport Maska, Inc., No. 15-13290-FDS (D. Mass. Aug. 3, 2017). In this contract dispute, the court partially granted the plaintiff’s motion for sanctions, ordering the defendant to pay the costs and fees associated with the motion. However,...
Intentional Data Destruction Gets Default Judgment in OmniGen Research v. Wang
OmniGen Research v. Wang, No. 6:16-cv-00268-MC, 2017 U.S. Dist. LEXIS 78107 (D. Or. May 23, 2017). Relying on the Federal Rules of Civil Procedure and its inherent authority, a court recently imposed the extraordinary remedy of default judgment for the plaintiff. The...
Court Sanctions Counsel for Not Disclosing Deleted Client Emails
People v. Miller, No. 16PDJ067, 2017 BL 208514 (Colo. June 1, 2017). In a brief order, the Colorado Supreme Court fined and publicly censured attorney Randall Miller for failing to promptly disclose false evidence. During the underlying representation, the attorney’s...
You Can’t Spoliate Evidence That You Don’t Possess
HCC Ins. Holdings, Inc. v. Flowers, No. 1:15-cv-3262-WSD, 2017 WL 393732 (N.D. Ga. Jan. 30, 2017). In this case, the court denied a motion for sanctions because the plaintiff failed to prove that the defendant ever possessed its confidential information. Despite the...
Before Asking for Sanctions, Check the Recycle Bin
Erhart v. BofI Holding, Inc., No. 15-cv-02287-BAS (NLS), 2016 WL 5110453 (S.D. Cal. Sept. 21, 2016). The court denied sanctions against a party where the huge majority of the files he deleted were not actually destroyed, as they were mostly still located in the...
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