Proof of spoliation
Court Says Spoliation Motion ‘Borders on Frivolous’
Barcroft Media, Ltd. v. Coed Media Grp., LLC, No. 16-CV-7634 (JMF), 2017 U.S. Dist. LEXIS 164162 (S.D.N.Y. Sept. 28, 2017). The court denied the plaintiff’s…
Failure to Prove ‘Intent to Deprive’ Web Browser History Robs Plaintiff of Sanctions
Eshelman v. Puma Biotech, Inc., No. 7:16-CV-18-D, 2017 WL 2483800 (E.D.N.C. June 7, 2017). In this defamation case, the court denied a jury instruction for…
Reasonable Steps to Preserve Evidence Yield More Than Selective Preservation
In Sec. Alarm Fin. Enters., L.P. v. Alarm Protection Tech., limited sanctions were appropriate under Federal Rule of Civil Procedure 37(e)(1) where a party engaged…
Minimal Sanctions for a Minimal Showing of Prejudice
In a breach of contract matter, the court refused to impose severe spoliation sanctions under Federal Rule of Civil Procedure 37 where a party requesting…
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…
Before Asking for Sanctions, Check the Recycle Bin
Erhart v. BofI Holding, Inc., No. 15-cv-02287-BAS (NLS), 2016 WL 5110453 (S.D. Cal. Sept. 21, 2016). The court denied sanctions against a party where the…
Slip and Fall Case Leads to Sanctions Faceplant
Atiles v. Golub Corp., No. 521828 (N.Y. App. July 28, 2016). The appellate court affirmed the lower court’s denial of an adverse inference instruction where…
Can Parties Avoid Spoliation Sanctions by Equivocating?
OrchestrateHR, Inc. v. Trombetta, No. 3:13-cv-2110-P, 2016 WL 1555784 (N.D. Tex. Apr. 18, 2016). The court declined to impose sanctions, even in the face of…
Spoliation Claims Are Not a Recreational Vehicle to Be Raised at Any Time in a Case
LaFerrera v. Camping World RV Sales of Birmingham, No. 15-00473 (N.D. Ala. Mar. 21, 2016). Relying on state law, the court rejected a request for…