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Court Rules in Favor of Whistleblower Plaintiff on Spoliation Sanctions Motion
In Erhart v. BofI Holding, Inc., Case No. 15-02287 (S.D. Cal., Sept. 21, 2016), whistleblower Plaintiff alleged his former employer violations of the Sarbanes-Oxley Act, the Dodd-Frank Wall Street Reform and Consumer Protection Act, and the laws of the State of California. Defendant filed a countersuit against Plaintiff for violation of the
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Court Denies Request for Forensic Examination of Computers To Locate Missing Email
AP Links, LLC et. al. v. Russ et. al., Case No. 09-5437 (E.D. N.Y., Sept. 7, 2016) is a business torts case involving a golf course consulting agreement, a large revolving credit facility, and alleged misconduct by an attorney and his law firm. During discovery, the court issued an order
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Massive Punitive Damages Award Rendered for Email Spoliation
Intentional Email Deletion Leads to Multi-Million Dollar Sanctions Order A Delaware Court entered a massive punitive damages award based upon findings of intentional, bad faith spoliation of email threads by a corporate defendant in an antitrust case brought under the Sherman Act and common law. The extensive facts in GN
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Plaintiff’s Motion for ESI Spoliation Sanctions Denied Without Prejudice Pending Further Discovery
In Konica Minolta Business Solutions, USA Inc. v. Lowery Corporation d/b/a Applied Imaging Systems, Inc. et. al., Case No. 15-11254 (E.D. Mich., Aug. 31, 2016), Plaintiff sued Defendants (several former employees and their new employer, Lowery Corporation (“Lowery”), for unlawful taking of property and disclosure of confidential materials and trade
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Court Denies Defendant’s Motion to Compel Turnover of Examination of iPad
In Rocket Real Estate, LLC et. al. v. Maestres, Case No. 15-62488 (S.D. Fla., Aug. 24, 2016), Plaintiffs began doing business with Defendant to purchase and re-sell distressed properties. Plaintiffs bought a property and renovated it, and Defendant moved into the property. Defendant refused to sell the property or to pay
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Terminating Spoliation Sanctions After Using Data Wiping Software Hours Before Forensic Examination
Trude et. al. v. Glenwood State Bank, et. al., Consolidated Case Nos. A15-0378, A15-1863, A15-1864 (Minn. App., Aug. 15, 2016) arose originally from an action to collect on a defaulted loan and grew into a mess of counterclaims and third party complaints. Parties JBI and Trude were sanctioned by the
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Terminating Sanctions Denied at Trial; Will the Appeals Court Reverse?
In Dupree et. al. v. Sajahtera, Inc., et. al., Case NO. B260615 (Ca. App., Aug. 12, 2016), Defendants were the owner and manager of the Beverly Hills Hotel. Plaintiffs were employees of the hotel who sued Defendants for wrongful termination based upon Plaintiffs’ roles in reporting incidents of sexual harassment
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Sixth Circuit Upholds Denial of FRCP 37(e) Sanctions in Personal Injury Case Against Target
The plaintiff in Applebaum v. Target Corporation et. al., Case No. 15-2198 (6th Cir., Aug. 2, 2016) purchased a bicycle from Defendant and, during her first ride, fell off the bike hurt her shoulder. She sued Defendant for selling her a bike with defective brakes. At trial, the case rested
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Business Partner Sanctioned for Egregious ESI Spoliation and False Testimony
In re Shaw & Elting, LLC, Case Nos. 9661-CB, 9686-CB, 9700-CB, 10449-CB (Del. Ch. Ct., July 20, 2016) is a case in the Delaware Court of Chancery involving a dispute between parties Shawe and Elting, who jointly owned a company, TransPerfect Global. Prior to litigation, Elting attempted to hire a
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When Can a Plaintiff Receive Metadata?
Recent Case Law Regarding Metadata in eDiscovery Metadata, the underlying data contained within electronic documents, includes important information such as formation, who created that data, whether it was altered and when, geographic location of the data, and more. We have previously written a newsletter about case law regarding metadata in