Sign up for our news digest



Results for: Proof of spoliation

Plaintiff Loses Failing To Prove Video Loss

Plaintiff Loses Failing To Prove Video Loss

White v. United States, No. 4:15CV1252 SNLJ (E.D. Mo. Jan. 9, 2018). In this wrongful death case, the plaintiff moved for spoliation sanctions against the U.S. government for destroying video evidence. The court denied the motion without prejudice, holding that the...

Court Says Spoliation Motion ‘Borders on Frivolous’

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 motion for spoliation sanctions where the evidence in question had not been “lost” during ediscovery. The court...

Minimal Sanctions for a Minimal Showing of Prejudice

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 sanctions did not demonstrate prejudice because the lost files were generally irrelevant or available from other sources.

Stop the Music: $25 Million Verdict Intact Despite Party’s Intentional Spoliation of Evidence

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 opening statement and instructed the jury that it could consider the loss of evidence in its deliberations. Despite these sanctions, the jury awarded the plaintiff $25 million after finding that the defendant infringed the plaintiff’s copyrighted music. In a motion for a new trial, the defendant argued that the sanctions were “anemic,” among other things. The district judge denied the defendant’s motion and entered final judgment for the plaintiff, finding the lesser sanctions sufficient to cure the prejudice; anything more would have been tantamount to dismissal.

Before Asking for Sanctions, Check the Recycle Bin

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 huge majority of the files he deleted were not actually destroyed, as they were mostly still located in the...

Slip and Fall Case Leads to Sanctions Faceplant

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 the plaintiff did not establish that the additional video evidence she sought was “relevant to [her] claim.”...

Sign up for our news digest