Sanction
Plaintiff’s ‘egregious, intentional, and outrageous’ conduct deserves dismissal
In this dispute, the court dismissed the case and ordered the plaintiff to pay all costs for its intentional fabrication and spoliation of evidence.
Court finds ‘much more serious’ spoliation intended to gain litigation advantage
In this contract claim, the court imposed the rare sanction of dismissal for the plaintiffs’ intentional spoliation and alteration of evidence.
What is spoliation?
Learn what spoliation is under FRCP 37 so you can recognize how it happens, prevent the loss of ESI that should be preserved, and avoid…
ePRO Can’t Escape Huge Sanctions for Willful Spoliation
The Second Circuit affirmed a $2.7 million sanction in a case worth $25,000 due to one party’s persistent discovery misconduct and willful spoliation.
Court Rejects Church’s Appeal Upholding Sanction
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.