Preservation practices
Special Master Finds Discovery Misconduct Made a “Mockery of the Orderly Administration of Justice” and Deserved Default Judgment
Small v. Univ. Med. Ctr. of S. Nev., No.: 2:13-cv-00298-APG-PAL, 2014 WL 4079507 (D. Nev. Aug. 18, 2014). In this class action alleging wage and hour…
Fifth Circuit Decision Creates Catch-22 for Organizations Issuing Legal Holds in Whistleblower Actions
Halliburton, Inc. v. Admin. Review Bd., No. 13-60323, 2014 U.S. App. LEXIS 21743 (5th Cir. Nov. 12, 2014) (per curiam). In this case, the plaintiff, Anthony…
City’s Faulty Preservation Practices Lead to Sanctions
Vincente v. City of Prescott, No. CV-11-08204-PCT-DGC., 2014 U.S. Dist. LEXIS 109790, (D. Ariz. Aug. 8, 2014) In this employment-related dispute involving allegations of defamation…
Solid Preservation Policy Turns Back Defendants’ Motion for Sanctions in New York
Not every spoliation motion results in sanctions, as was the case in Research Foundation of State Univ. of New York v. Nektar Therapeutics (N.D.N.Y. May…
Arizona District Court Imposes Harsh Sanctions for Spoliation with a ‘Culpable Mind’ in Day v. LSI
What started out as a seemingly run-of-the-mill employment case quickly fell down the spoliation rabbit hole resulting in severe sanctions including partial default judgment, an…
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…