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Results for: intentional spoliation

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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