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No Duty To Protect Data from Unpredictable Act of Nature
In Kohan v. Nehmadi, Docket No. 104259/11, Supreme Court, New York County, June 6, 2017, a New York state lower court considered Plaintiff’s motion for spoliation sanctions after Defendant claimed that it irretrievably lost hard copy documents in Hurricane Sandy, and that it separately lost data on a hard drive
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County Sanctioned in Civil Rights Case for Failing to Preserve Video of Jailhouse Beatings
In Storey v. Effingham County et. al., Case No. 15-149 (S.D. Ga., June 16, 2017), Plaintiff is the executor for the estate of Kenneth Cartee, who died from injuries he sustained during an arrest by Effingham County police. According to the complaint, police pressed down on Cartee’s shoulder and neck
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CFTC Awarded Sanctions for Contempt as to Fraud Defendant
In U.S. Commodity Futures Trading Commission v. Gramalegui, Case No. 15-02313 (D. Colo., June 14, 2017), Plaintiff, a federal institution, filed a civil action against Defendant for fraud. The action was based upon allegations of false statements made by Defendant to Plaintiff, and Plaintiffs’ failure to make required court ordered
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Spoliation Sanction Motion for Erasure of Truck Accident ECM Data Denied Due to Lack of Custody, Insufficient Evidence
Wiedeman v. Canal Insurance Company et. al., Case No. 15-4182 (N.D. Ga., June 9, 2017) arises out of a truck accident between Plaintiff and Defendant Walter Dorn, a truck driver and employee of Defendant H & F Transfer. The truck was leased from non-party Salem Leasing. On the day of
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No Spoliation Found where Google Chrome Web History Automatically Deleted Prior to Litigation Hold
Eshelman v. Puma Biotechnology, Inc., Case No. 16-00018 (E.D. N.C., June 7, 2017) is a libel suit related to an allegedly defamatory investor presentation. Plaintiff was an investor in Defendant, a biopharmaceutical company. Plaintiff owns a pharmaceutical research organization called PPD, which contracted with Aventis Pharmaceuticals to provide clinical research
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Fourth Circuit Affirms Finding that No ESI Spoliation Occurred in Trade Secrets Case
In Integrated Direct Marketing, LLC v. May et. al., Case No. 16-1032 (4th Cir., May 30, 2017), Plaintiff appealed the grant of summary judgment in favor of Defendants. Plaintiff sued Defendants for misappropriation of trade secrets and breach of a confidentiality agreement. Plaintiff is a direct competitor with Defendant Merkle;
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After Issuing Terminating Sanctions, Court Awards Prevailing Party Counsel Fees
As reported last month, in Singh et. al. v. Hancock Natural Resources Group, Inc., et. al., Case No. 15-1435 (E.D. Cal., May 24, 2017), the court ordered production of certain emails in TIFF format with metadata. The Defendant Goose Pond Ag, Inc., filed a Motion for Terminating Sanctions, alleging that Plaintiffs had
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Summary Judgment Granted Despite Destruction of Video Evidence
In Taylor v. Thrifty Payless, Inc., d/b/a Rite-Aid, Case No. 16-00474 (D. Oregon, May 12, 2017), Plaintiff sued Defendant after she slipped and fell in a large puddle while shopping in the Defendant drugstore. She testified that after she fell, someone placed cones around the spill and wet floor signs.
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ESI Spoliation Found to Support Claim of Misappropriation of Trade Secrets
In Systems Spray-Cooled, Inc. v. FCH Tech, LLC, et. al., Case No. 16-1085 (W.D. Ark., May 16, 2017), Plaintiff sued Defendants for misappropriation of trade secrets and confidential information. Plaintiff purchased its technology from UCAR Carbon Company, Inc. in 1999. The individual Defendants, Henry and Campbell, are former employees of
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Law Firm Defendant Sanctioned for Negligent Destruction of ESI
In DiStefano v. Katsos et. al., Case No. 11-2893 (E.D. N.Y., May 10, 2017), Plaintiff business owners hired Defendant lawyer Katsos to advise them regarding their financial difficulties, including how to establish a trust to protect their personal assets from business creditors and how to negotiate with creditors. Plaintiffs allege that Defendant’s