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Willful Discovery Misconduct Results in Default Judgment in Successor Liability
Arrowhead Capital Finance, Ltd. v. Seven Arts Entertainment, Inc. et. al., Case No. 14-6512 (S.D.N.Y., May 2, 2017) is a successor liability case brought by Plaintiff, a lender, against Defendants, two related film companies that are the alleged successors to a loan obligation and subsequent judgment in favor of Plaintiff.
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District Court Adopts Magistrate’s Recommendation of Termination Sanction Upon Finding Willful ESI Spoliation
Previously, this blog discussed the case of Coyne v. Los Alamos National Security, LLC, Case No. 15-00054 (D. N.M., May 1, 2017), in which a former employee of Defendant Los Alamos sued Defendants for wrongful termination. In the case, Plaintiff alleged that FMLA leave from her job resulted from a co-worker’s
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New York Plaintiff Sanctioned for Spoliation of Computer, Text Messages, Audio Recordings
In Simons v. Petrarch LLC et. al., Case No. 158843/2013 (2017 NY Slip Op 30457, Supreme Court of NY, New York County, Mar. 8, 2017), Plaintiff sued her former employer and its owner for alleged incidents during her employment of sexual harassment, retaliation and civil battery. Defendant Petrarch LLC (“Petrarch”)
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Northern District of Iowa Offers Scathing Insight into the Cost of Discovery Violations
Liguria Foods, Inc. v. Griffith Laboratories, Inc., Case No. 14-3041 (N.D. Iowa, Mar. 13, 2017) involves claims of breach of implied warranties of fitness for a particular purpose and merchantability. Defendant manufactured spice and seasoning blends, which Plaintiff purchased for use in its pepperoni sausages. The sausages became rancid, and
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Defendants in Trademark Infringement Case Sanctioned For Failure to Produce Quickbooks Source Data
4SEMO.com, Inc. v. Southern Illinois Storm Shelters, Inc. et. al., Case No. 13-297 (S.D. Ill., Feb. 10, 2017) began as a trademark infringement suit brought by Defendant Southern Illinois Storm Shelters, Inc. (SISS) against Plaintiff. Plaintiff filed a counterclaim, and after disposition of Defendants’ claims, the counterclaim was all that
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Spoliation on a “Staggering Scale” Results in Judgment Sanction in International Patent Infringement Case
In Organik Kimya, San. Ve Tic. A.S. et. al. v. International Trade Commission, Consolidated Case Nos. 2015-1774, 2015-1833 (Fed. Cir., Feb. 15, 2017), Petitioners appealed a decision by the International Trade Commission (ITC) finding that they had spoliated evidence during a patent infringement suit filed by Dow Chemical. Dow alleged
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Court Affirms $7 Million in Sanctions for Discovery Misconduct
Shawe v. Elting, Case No. 487, 2016 (Supreme Court of Delaware, Feb. 13, 2017) is a case discussed previously in this blog in which the trial court found that Plaintiff, who is Defendant’s former business and romantic partner, had deleted documents from his computer, failed to preserve his cell phone,
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Adverse Inference Instruction, Motion Fees and Costs Ordered Against Police Department For ESI Spoliation
Martinez v. Salazar et. al., Case No. 14-534 (D. N.M., Jan. 26, 2017) is an excessive force case filed by Plaintiff, the personal representative of Russell Martinez, against two police officers as well as the Espanola Police Department and the City of Espanosa. The Complaint alleged that one of the
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DC Court Admonishes Party for Flouting Discovery Deadline and Orders Attorney’s Fees Sanction
In 3E Mobile, LLC v. Global Cellular, Inc., Case NO. 14-1975 (District of Columbia, Dec. 22, 2016), Plaintiff, a manufacturer of cell phone cases, sued Defendant, a provider of cell phone accessories, several years ago over an intellectual property dispute. The case was settled in 2013, and Defendant promised to
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District Judge Vacates Magistrate’s Order Sanctioning Bad Faith Alteration of Documents
In Huang v. Lin et. al., Case No. 14-7204 (E.D. N.Y., Nov. 23, 2016), Plaintiff, a former employee of Defendants, sued Defendants for wage and hour claims under the Fair Labor Standards Act. During discovery, Defendants produced documents purporting to be Plaintiff’s weekly pay stubs. Plaintiff, concerned that the documents