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 law violations, the defendant’s discovery troubles began as soon as the plaintiffs asked for documents and...
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Results for: Preservation practices
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 Menendez, alleged retaliation under the Sarbanes-Oxley Act (SOX) after his employer revealed his identity in a...
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 and violations of the First Amendment, the plaintiffs filed a motion for sanctions,...
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 15, 2013). In his opinion addressing several motions in the patent licensing dispute, Chief Judge Gary L. Sharpe...
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 adverse inference instruction and a $10,000 monetary award. The 29-page opinion by U.S....
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 of New Jersey – despite the fact that no evidence of spoliation was concretely found. We first learned about this from Scott...
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