Spoliation Archives

ILS Team
September 23, 2022

Court Denies Appeal of Magistrate Judge’s Order Denying Sanctions for Spoliation of Evidence and Pattern of Discovery Abuse

In COOLEY v. TARGET CORPORATION ET AL., Civil No. 20-2152 (DWF/DTS) (D. Minn. Aug. 24, 2022), a case involving a copyright dispute, Plaintiff objected to the Magistrate Judge’s order dated June 10, 2022, that denied her Motion for Sanctions for Spoliation of Evidence and Pattern of Discovery Abuse. As an initial matter, a court must

ILS Team
August 4, 2022

Motion for Spoliation Sanctions Denied In Light Of Failure To Prove Intent To Deprive

In MEDIDATA SOLUTIONS, INC. ET AL. v. VEEVA SOLUTIONS, INC., N. 17 Civ. 589 (LSG) (S.D. NY, Sept. 22, 2021), before the Court was Plaintiffs’ spoliation sanctions in the form of an adverse inference. Plaintiffs claimed that Defendant spoliated evidence when Defendant failed to prevent one of its employees, Anthony Tsai (“Tsai”) from deleting data

ILS Team
July 21, 2022

Court Denied Plaintiff’s Motion for Sanctions After Finding Rule 37(e) Did Not Support Adverse Inference Instruction

In HAMRICK v. SPLASH TRANSPORT, INC., ET AL., No. 3:20-CV-00417-TRM-DCP (E.D. Tenn. Jan. 31, 2022), before the Court was Plaintiff’s Motion for Sanctions against Defendants. The action arose from a vehicular incident. Defendant Elmehalawy was the truck driver for Splash Transport, Inc. (“Splash”). Defendant James was the truck driver for Defendant Nandleen LLC. Plaintiff alleged

ILS Team
June 30, 2022

Court Denies Defendant’s Motion to Dismiss Plaintiff’s Cause of Action for Spoliation Finding Sufficient Specificity In Plaintiff’s Complaint

In DEAN v. CITY OF KENOVA ET AL., Civil Action No. 3:21-0197 (S.D. WV, April 19, 2022), before the Court was Defendant Bob Sullivan’s Motion to Dismiss Plaintiff’s action for spoliation. Plaintiff was the administrator of Mr. James Dean’s estate following his death. Mr. Dean was arrested on April 5, 2019, by the Kenova Police

ILS Team
June 5, 2022

Defendant Sanctioned For Blanket AEO Designations

In CellTrust Corporation v. ionLake, LLC, et al., Case No. 19-cv-2855 (WMW/TNL) (D. Minn. May 17, 2022), before the Court was Plaintiff’s Motion for Sanctions which presented multiple issues including blanket designation of documents as Attorney’s Eyes Only and spoliation. With respect to Defendant’s attorney’s eyes only designation, pursuant to the parties’ stipulated protective order,

ILS Team
May 27, 2022

Refusal to Pay Hacker’s Ransom Is Not Spoliation under Rule 37(e)

In MASTEROBJECTS, INC. v. AMAZON.COM, INC., No. C 20-08103 WHA (N.D. Cal. March 13, 2022), before the Special Master was Defendant’s Rule 37 motion that alleged violations of the Court’s Discovery Order and a motion for spoliation sanctions. With respect to the spoliation issue, the facts were that on Dec. 9, 2020, Plaintiff’s law firm,

ILS Team
May 23, 2022

Plaintiff Permitted to Amend Complaint to Add State Law Claim for Intentional Spoliation of Evidence Instead of Seeking Spoliation Sanctions Through a Discovery Motion

In WILLIAMS v. BARTON MALOW CO., ET AL., Case No. 3:20-CV-02594-JGC (N.D. Ohio, W. Div. Jan. 21, 2022), before the Court was Plaintiff’s Motion for Leave to File an Amended Complaint which, in addition to naming additional defendants, also sought to add a tort claim for intentional spoliation under Ohio law against one of the

ILS Team
April 22, 2022

Plaintiff’s Motion for Spoliation Inferences Denied After Finding Plaintiff Lacked Sufficient Evidence

In EMERSON CREEK POTTERY, INC., v. EMERSON CREEK EVENTS, INC., ET AL., Case No. 6:20-cv-54 (W.D. VA, Feb. 18, 2022), before the Court was Plaintiff’s eleventh-hour motion for spoliation inferences. Plaintiff contended that counsel for Defendants failed to inform Defendants of their obligation to preserve ESI, and that counsel’s failure to warn resulted in the

ILS Team
April 15, 2022

Plaintiffs’ Motion for Spoliation Granted After Court Found Defendants’ Failure to Preserve Relevant Electronically Stored Information

In CONSTANCE COLLINS, ET AL. v. TRI-STATE ZOOLOGICAL PARK OF MARYLAND, INC., ET AL., Civil Case No. 1:20-cv-01225-PX (D. Md. Nov. 19, 2021), before the Court was Plaintiff’s Motion for Sanctions for Spoliation. Plaintiffs’ Complaint alleged that Defendants maintained a public nuisance through the neglect and continued mistreatment of animals that resided at Defendants’ Tri-State

ILS Team
April 1, 2022

Plaintiff’s Motion for Spoliation Sanction Denied After Finding Defendants Had No Duty to Preserve

In CANADY v. BOSTIC, ET AL., No. 7:17cv00464 (W.D. Virginia, Feb. 23, 2022), before the Court was Plaintiff’s Motion for Spoliation Sanction arising from Defendants’ alleged failure to preserve certain clips of video footage. Plaintiff contended that on June 25, 2015, in the B-2 pod housing area at Keen Mountain Correctional Center (KMCC), another inmate

Spoliation Archives - ILS