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Summary Judgment Denied After Court Finds Defendant Altered Skype Communication Records
In GoPro, Inc. v. 360Heros, Inc, No. 16-cv-01944-SI, (N.D.Cal. 2018), the Court denied Defendant’s motion for summary judgment and granted Plaintiff’s motion for sanctions. During discovery related to the parties’ dispute regarding federal and state trademark infringement and unfair competition, Defendant 360Heros, Inc., (“Defendant”) produced transcripts of two Skype conversations.
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Court Finds Failure to Preserve Evidence Amounted to Negligence and Warranted Sanctions
In Leidig v. Buzzfeed, Inc., No. 16 Civ. 542 (VM) (GWG), (S.D.N.Y. Dec. 19, 2017), the Plaintiffs, Michael Leidig, et al.(“Plaintiffs”) sued Buzzfeed, Inc. (“Defendant”) for accusing them of selling “fake news.” Plaintiffs argue that the article defamed them by disputing the veracity and news gathering efforts behind specific stories
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Court Considers Sanction Motion Based Upon Spoliation Claim in Design Defect Case
Cerrato v. Nutribullet, LLC, No. 8:16-cv-3077-T-24 JSS, (M.D. Fla. Nov. 6, 2017) filed by Phyllis and German Cerrato (“Plaintiffs”) includes negligence allegations that a blender manufactured by Nutribullet, LLC and Capital Brands, LLC (“Defendants”) was defectively designed. The complaint contains further causes of action of strict liability, and breaches of express
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Court Orders Adverse Inference Instruction Where Plaintiff Intentionally Deletes Relevant Audio Recording
In Hseuh v. The New York State Department of Financial Services, No. 15 Civ. 3401 PAC (Dist. Ct. S.D. N.Y. 2018) the United States District Court in the Southern Division, New York, determined that FRCP 37(e) did not apply when the party involved intentionally deleted a recording. Tiffany Hseuh (“Hseuh”)
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Court Considers Whether Text Messages Fabricated In Deciding Motion For Terminating Sanctions
In Lee v. Trees, Inc., No. 3:15-cv-0165-AC, (Dist. Ct. D. Oregon, 2017) the Court considered a motion requesting sanctions against a party accused of fabricating evidence in a sexual harassment case. Plaintiff Sarah Lee (“Lee”) was working as a flagger for employer and Defendant Trees, Inc. (“Trees”), a logging company,
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Court Grants Plaintiff Crossfit’s Motion for Sanctions Due to Defendant’s Bad Faith
In Crossfit, Inc. v. National Strength and Conditioning Association, No. 14cv1191 JLS (KSC), (Dist. Court S.D. California, 2017), the Plaintiff demonstrated the willful nature of Defendant’s actions, warranting sanctions. CrossFit certifies trainers in fitness and personal training. National Strength and Conditioning Association (“NSCA”) is a nonprofit corporation founded nearly 50 years
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Court Imposes Adverse Inference Sanctions After Finding Plaintiff Intentionally Spoliated Evidence After Fire
In Arcelormittal Ind. Harbor LLC v. Amex Nooter, LLC, No. 2:15-cv-195-PRC (N.D. Ind. 2018), the United States District Court for Indiana, Northern Division considered Defendant Amex Nooter LLC’s (“Defendant”) Motion for Sanctions Based on Plaintiff ArcelorMittal’s Intentional Spoliation of Evidence. On April 3, 2013, a fire occurred at Blast Furnace
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Denial of Sanction Motion Affirmed Where Moving Party in Acrimonious Litigation Ultimately Received Information Sought
In Securiforce Int’l Am., LLC v. United States, No. 16-2589 (Fed. Cir. Jan. 17, 2018), the United States Court of Appeals for the Federal Circuit examined whether the trial had had properly ruled upon the issues presented in a motion for discovery sanctions brough by a vendor in a breach of contract
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Court Reserved Its Right to Impose an Adverse Inference Instruction for ESI Spoliation in Google’s Driver-less Car Dispute Against Uber; Parties Reached a $245 Million Settlement Shortly Thereafter
In the headline-grabbing case Waymo LLC v. Uber Technologies, Inc., No. 17-cv-00939-WHA (N.D. Cal. Jan. 28, 2018), Plaintiff Waymo LLC (“Waymo”) sued Defendants Uber Technologies, Inc., and Ottomotto LLC (collectively, “Uber”) for misappropriation of trade secrets related to self-driving vehicle technology. On June 21, 2017, Waymo (a Google-owned company) moved for
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Spoliation Sanction Ruling Affirmed, Defendant Destroyed Records Although Had Already Contemplated Litigation Re Asbestos
In Warren v. Anchem Products, et al., J-M Manufacturing Company, No. 5493N 40000 (N.Y. App. Div. Jan. 18, 2018), the Supreme Court Appellate Division, New York County considered whether a lower court award of spoliation sanctions in favor of Plaintiff against Defendant J-M Manufacturing Company, Inc. (“JMM”) was an abuse