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Results for: Federal Rules of Civil Procedure Rule 37(e)

Plaintiff Loses Failing To Prove Video Loss

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...

Reasonable Steps to Avoid Loss of Information

Hon. Ronald J. Hedges There have been a number of federal decisions since December 1, 2015, which have addressed whether "steps" taken by parties which have “lost” electronically stored information (ESI) had been reasonable ones under Federal Rule of Civil Procedure...

Court Says Spoliation Motion ‘Borders on Frivolous’

Court Says Spoliation Motion ‘Borders on Frivolous’

Barcroft Media, Ltd. v. Coed Media Grp., LLC, No. 16-CV-7634 (JMF), 2017 U.S. Dist. LEXIS 164162 (S.D.N.Y. Sept. 28, 2017). The court denied the plaintiff’s motion for spoliation sanctions where the evidence in question had not been “lost” during ediscovery. The court...

Stop the Music: $25 Million Verdict Intact Despite Party’s Intentional Spoliation of Evidence

Stop the Music: $25 Million Verdict Intact Despite Party’s Intentional Spoliation of Evidence

In this copyright infringement case, the court found the plaintiff had intentionally spoliated evidence. The court allowed the defendant to address the spoliation in its opening statement and instructed the jury that it could consider the loss of evidence in its deliberations. Despite these sanctions, the jury awarded the plaintiff $25 million after finding that the defendant infringed the plaintiff’s copyrighted music. In a motion for a new trial, the defendant argued that the sanctions were “anemic,” among other things. The district judge denied the defendant’s motion and entered final judgment for the plaintiff, finding the lesser sanctions sufficient to cure the prejudice; anything more would have been tantamount to dismissal.

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