Failure to comply
A court sanctions defendants for piecemeal production of ESI and false representation, imposing adverse inference instructions and awarding fees
Can it ever be too late to punish a party for the spoliation of evidence?
In Star Envirotech, Inc. v. Redline Detection, discovery misconduct and delays merit an adverse inference instruction and monetary penalties.
In a 21-page order, U.S. Magistrate Judge Paul S. Grewal took the defendants in a business conspiracy case to task for their discovery transgressions.
Instead of producing documents, Avco claimed it had purged many responsive documents under its document retention policy.