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Louisiana Court Reverses Summary Judgment on Spoliation of Evidence
In Danna v. The Ritz-Carlton Hotel Co., LLC, et. al., Case No. 15-0651 (La. App. 4th Cir., May 11, 2016), Plaintiff sued Defendants after Defendants terminated his employment, alleging breach of contract, defamation, retaliation, and spoliation of evidence. Plaintiff was the Director of Engineering for the Ritz-Carlton hotel in New
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Email Communications: Top eDiscovery Cases of 2016 Regarding Spoliation and Formatting
Email communications and threads continue to be among the leading categories of electronic data relevant to civil litigation. As such, there are numerous eDiscovery cases regarding disputes over email preservation, native file format, spoliation and more. So what has happened regarding email production as a part of electronic discovery so
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Honda Ordered to Implement Litigation Hold and to Conduct Further Email Searching in Products Liability Action
In Bruner v. American Honda Motor Co., Case No. 15-00499 (S.D. Ala., May 12, 2016), a products liability action, Defendant car manufacturer Honda was sued for damages arising out of an auto accident involving one of Honda’s products. Defendant refused to comply with certain of Plaintiffs’ discovery requests, and Plaintiffs
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Electronic Discovery and Spoliation in Employment Law Cases: An Update
Plaintiff ESI and Employer Electronic Data at Issue Employment law cases, whether they are individual or class action lawsuits, will almost invariably involve eDiscovery. In some situations, employees’ computers, hard drives, flash drives and mobile devices may be requested for production and/or forensic imaging. Additionally, employees need to request a
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Adverse Inference Instruction Against Trucking Company for Failure to Preserve Data
O’Berry et. al. v. Turner, et. al., Consolidated Case Nos. 15-00064/15-00075 (M.D. Ga., April 27, 2016) is a consolidated litigation arising out of a tractor trailer accident. Plaintiffs were a driver and a passenger in a car which was struck by the tractor trailer truck driven by Defendant Turner, who suddenly swerved into their car’s
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Pennsylvania District Court Denies Request For Adverse Inference Instruction Spoliation Sanction
Botey v. Green, et. al., Case No. 12-01520 (M.D. Pa., April 4, 2016) is a personal injury case in which Plaintiff alleged serious injury resulting from the negligence of defendant truck driver. Plaintiff was unable to depose the trucker after a determination that the trucker suffered from dementia. Plaintiff then
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Spoliation Sanctions Against Plaintiff Limited to Attorney Fees
In Best Payphones, Inc. v. City of New York, et. al., Consolidated Case Nos. 1-3924, 1-8506, 3-0192 (E.D. N.Y., Feb. 26. 2016), Plaintiff sued Defendants alleging violation of Plaintiff’s constitutional rights by instituting a regulatory framework requiring franchises and permits to operate payphones and by discriminating against and retaliating against
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The Recent Amendments to FRCP: Retroactive Case Applications
Effective December 1, 2015, new amendments to the Federal Rules of Civil Procedure became law. In the last two months, a number of federal judges have discussed the new discovery rules, and the majority have applied the amendments to cases filed prior to the effective date. Below are highlights from
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Southern District of California Applies Amended FRCP to Sanctions Order and Vacates
The Southern District of California has vacated a sanctions order based upon the recent amendments to the FRCP. In Nuvasive, Inc. v. Madsen Medical, Inc. et. al., Case No. 13-2077 (S.D. Cal., Jan. 26, 2016), Defendants filed a Motion for Sanctions based upon destruction of certain text messages. The court
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Attorney Fees Granted for Automatically Deleted Emails and ESI
In Bown v. Reinke, et. al., Case No. 12-00262 (D. Idaho, January 8, 2016), Plaintiff was an inmate in a maximum security prison. He suffered a heart attack and alleged he was not properly treated, as he complained to guards of problems associated with heart attacks but the prison staff