The court denied sanctions despite the plaintiff’s negligent preservation of documents because the defendant failed to prove that relevant evidence was destroyed.
Results for: negligence
EPAC Techs., Inc. v. HarperCollins Christian Publ’g, Inc., No. 3:12-cv-00463, 2018 WL 1542040 (M.D. Tenn. Mar. 29, 2018). This contract dispute has been bogged down in a “quagmire of adversarialism” since 2012. In this opinion, the magistrate addressed the spoliation...
In this opinion, the appellate court soundly rejected the defendant’s arguments, affirming a daily $4,000 sanction for the defendant’s willful refusal to comply with discovery.