legal holds
‘Lackadaisical’ Litigation Holds by Federal Government Undermines Medicaid Fraud Case
In a ruling that will have defense lawyers licking their chops, U.S. District Judge William P. Johnson on October 3 upheld U.S. Magistrate Alan C.…
Despite No Evidence of Spoliation, Court Orders Up to $70K in Sanctions for Preservation Failures Anyway
A District Judge in New Jersey upheld the opinion of a Magistrate’s finding of sanctions on appeal in a liability case out of U.S. District…
Second Verse Same as the First: Failure to Issue a Legal Hold is Gross Negligence
Crown Castle USA, Inc. v. Fred A. Nudd Corp., 2010 U.S. Dist. LEXIS 32982, (W.D.N.Y. Mar. 31, 2010) Our friend Josh Gilliland of the Bow Tie Law…
If You Don’t Issue a Legal Hold, Now the Court May Do It for You
Synventive Molding Solutions v. Husky Injection Molding Systems, 2009 U.S. Dist. LEXIS 105306 (D. Vt. Mar. 13, 2009) A recent case out of the U.S.…
Florida Court Sanctions In-house Counsel for Spoliation Resulting from Poor Legal Hold
Swofford v. Eslinger, Case. No.6:08-cv-Orl-35DAB (FL.M.D. Sept. 28, 2009) This case started under confusing circumstances which resulted in Robert Swofford being shot seven times in his home…
Legal Hold Pro Alert: Pinstripe v. Manpower, Major Tours v. Colorel
A pair of recent rulings have shed additional light on the need for a strong, defensible legal hold implementation. The two cases illustrate how the…