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Disability Discrimination Plaintiff Denied Spoliation Sanctions for Email Accounts
In Reed v. Kindercare Learning Centers et. al., Case No. 15-5634 (W.D. Wash., Nov. 17, 2016), Plaintiff sought spoliation sanctions for email, ESI and physical evidence. Plaintiff, a childcare worker, sued Defendants for disability discrimination, failure to accommodate, wrongful termination, and retaliation. Well into the discovery period, Plaintiff filed a
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Court Imposes $150 Daily Monetary Sanction Due to Plaintiff’s Failure to Produce ESI
In Friedman v. SThree PLC, et al., Civil No. 3:14CV00378(AWT) (D.Conn. October 24, 2016), Defendants expressed dissatisfaction with Plaintiff’s answers to discovery responses. After holding a conference with the court, the court issued an order requiring Plaintiff to conduct additional searches, to provide a certification as to the completeness of their
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Court Declines to Enter Terminating Sanctions for Alleged eDiscovery Violations
In Bischoff v. Brittain, no. 2:14-dv-1970 KJM CKD (October 26, 2016), Plaintiffs alleged discriminatory housing practices against Defendants. During discovery, Plaintiffs alleged Defendants failed to identify the search terms used to locate responsive email threads. Further, Plaintiffs alleged Defendants spoliated relevant internal faxes, and therefore filed a motion to compel.
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Court Declines to Order Spoliation Sanctions Despite Re-Imaging of Hard Drive
In David Mizer Enterprises, Inc. v. Nexstar Broadcasting, Inc., Case No. 14-2192 (C.D. Ill., Aug. 31, 2016), Plaintiff sued Defendant over a former business arrangement whereby Defendant used Plaintiff’s proprietary software for three years in exchange for a fee. Plaintiff granted Defendant the ability to host proprietary copyrighted pages owned
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Drastic Terminating Sanctions Entered Against Defendant for ESI Spoliation
In Teledyne Technologies Inc. v. Shekar, Case NO. 15-1392 (N.D. Ill., Aug. 22, 2016), Plaintiff sued Defendant, a former employee, to enjoin him from disclosing and/or sharing confidential and proprietary information post-termination. The court issued a restraining order, finding that Defendant had misappropriated trade secrets, deleted Plaintiff’s computer files and
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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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Court Denies Spoliation Sanctions in Delaware Bay Oil Spill Litigation
In re Frescati Shipping Company Ltd., Case Nos. 05-305, 08-2898 (E.D. Pa., July 25, 2016), the Eastern District of Pennsylvania considered spoliation sanctions in a litigation involving which party should bear the costs of the multi-million dollar oil spill cleanup that followed a collision between oil tanker M/T Athos I
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Court Grants Summary Judgment in Lieu of Spoliation Sanctions
In Montgomery v. Risen, et. al., Case No. 16-0126 (District of Columbia, Jul. 15, 2016), Defendants published a non-fiction book related to the United States war on terror. One chapter in the book involves Plaintiff, who claimed to have developed technologies used by the government following the 9/11 attacks, including
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Court Awards Sanctions After Party Voluntarily Dismisses Case Due To ESI Discovery Deficiencies
In Transystems Corp. v. Hughes Associates, Inc., Case No. 14-1541 (M.D.P.A., June 30, 2016), Plaintiff settled with one party in a contract and indemnification action arising from a construction project, and later sued Defendant regarding the same project. Between the time of the settlement and the initiation of the instant matter,