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Court Chides Party Who Produces Over 4 Million Pages of Unreviewed Documents with Blanket Attorneys’ Eyes Only Designation
In Youngevity Int’l Corp. v. Smith, No. 16-cv-00704-BTM (S.D. Cal. Dec. 21, 2017), a dispute between two multi-level nutritional supplement companies over unfair competition, the court addressed the parties’ inability to come to an agreement regarding refinement of search terms and Attorney Eyes Only (“AEO”) designation of documents. After the first
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Court Finds Evidence of Spoliation in Employment Discrimination Action, Orders “Missing Evidence” Instruction Be Given to Jury
Vasser v. Shulkin, No. 14-0185, (Dist. Ct. D.C., 2017), involves an employment discrimination action brought by Plaintiff Vasser against David Shulkin in Shulkin’s capacity as Secretary of the United States Department of Veterans Affairs (“VA”). Plaintiff claims that the VA discriminated and retaliated against her when it failed to promote
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Appellate Court Affirms $4,000 Daily Monetary Sanction on Party Who Refused to Comply with a Discovery Order
In Padron v. Watchtower and Tract Society of New York, D070723, (Cal. Ct. App. 2017), the Court examines whether it is appropriate to levy a $4,000 per day fine against Defendant Watchtower for non-compliance with a discovery order. The Court ordered Defendant Watchtower Bible and Tract Society of New York,
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Email Fabrication Claim Required More Evidence Per FRCP 37 Criteria To Warrant Sanctions Order
In Catrinar v. Wynnestone Communities Corporation, No. 14-1872, (E.D. Mich., 2017), although Plaintiff claimed Defendants created fake email evidence, the Court declined to issue sanctions. On May 9, 2014, Plaintiff Lawrence Catrinar filed suit against his former employer Defendant Wynnestone Communities Corporation and and its representative Gilbert B. Silverman (“Defendants”)
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District Court Orders In Camera Examination of Privilege Log Documents, Overturning Magistrate’s Order
In Keathley v. Grange Insurance Co., of Mich., No. 15-cv-11888 (Dist. Ct. E.D. Mich., March 30, 2017), Plaintiff seeks to recover under an insurance policy issued by Defendant Grange Insurance Company (“Grange”) for water damage Plaintiff claims happened at her home as a result of burst pipes. Grange has denied
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Court Amends Previous Discovery Order to Include Plaintiff’s Phone and Access to Non-Party Witness, Denies Defendant’s Motion for Sanctions
In Zamora v. Stellar Mgmt. Grp., (W.D. Mo. Apr. 11, 2017), the United States District Court, W.D. Missouri, Southwestern Division denied Defendant’s motion for sanctions. Before the Court is Defendants Stellar Management Group, Inc. d/b/a Quality Service Integrity and Stellar Management Group III, Inc. (“QSI Defendants”)’s Motion for Sanctions for Failure
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Third-Party Production Reveals that Defendant Deleted Emails; Court Issues Spoliation Sanctions
In Edelson v. Cheung, No. 2:13-cv-5870 (D.N.J. 2017), Plaintiff sought spoliation sanctions for Defendant’s deletion of emails, arguing that a third party production revealed that Defendant had deleted emails and intended to keep an email account hidden from Plaintiff. On October 2, 2013, Plaintiff instituted an action against Defendant Stephen
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Court Finds Defendants’ Actions Unreasonable and Sufficient to Support a Finding They Acted with the Intent to Deprive Plaintiff of Evidence
In Moody vs. CSX Transp., Inc., No. 07-cv-6398P, (W.D.N.Y. Sept., 2017), the United States District Court for the Western District of New York called Defendant CSX Transportation’s Court found defendants’ actions unfathomable and they did not uphold their duties under the Federal Rules of Civil Procedure. The trial court dismissed
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Court Allows Evidentiary Sanction After Grocery Store Inadvertently Destroys Slip and Fall Evidence
In Brown v. Albertsons, LLC, No. 2:16-cv-01991-JAD-PAL (D. Nev. May 10, 2017), the Court examines Plaintiff’s claims of intentional spoliation of evidence after a tort action. Plaintiff alleges she slipped and fell at an Albertson’s Store in Las Vegas on February 1, 2016. After over a year of discovery activity,
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Court Levels Interim Sanctions Against Party Who Admittedly Spoliated Evidence; Terminating Sanction May Follow
In Blasi v. United Debt Services, No. 2:14-cv-83, (S.D. Ohio Feb. 21, 2017), the Court ruled that a named party in a class action was prejudiced by a Defendant’s intentional destruction of potentially relevant evidence, and failure to comply with Court-ordered discovery. The original complaint alleged, on a class action