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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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Plaintiff’s Motion for ESI Spoliation Sanctions Denied Without Prejudice Pending Further Discovery
In Konica Minolta Business Solutions, USA Inc. v. Lowery Corporation d/b/a Applied Imaging Systems, Inc. et. al., Case No. 15-11254 (E.D. Mich., Aug. 31, 2016), Plaintiff sued Defendants (several former employees and their new employer, Lowery Corporation (“Lowery”), for unlawful taking of property and disclosure of confidential materials and trade
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Court Denies ESI Spoliation Motion Regarding Document and iPad Email Deletion
In First American Title Insurance Company et. al. v. Northwest Title Insurance Agency, LLC et. al., Case No. 15-00229 (D. Utah, Aug. 31, 2016), Plaintiffs sued Defendants Smith and Williams, former employees of Plaintiffs, after they started a competing company, Defendant Northwest Title. While setting up the company, Smith and
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Court Re-opens Discovery Regarding Possible Spoliation of Police Brutality Video Evidence
In Beck et. al. v. Baker et. al., Case NO. 14-67 (D. N.M., Aug. 9, 2016), an excessive force, unreasonable seizure, and retaliation case brought against Defendant police officers, the District of New Mexico considered possible spoliation of video evidence. Plaintiffs were warned by police when their neighbor accused them
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Business Partner Sanctioned for Egregious ESI Spoliation and False Testimony
In re Shaw & Elting, LLC, Case Nos. 9661-CB, 9686-CB, 9700-CB, 10449-CB (Del. Ch. Ct., July 20, 2016) is a case in the Delaware Court of Chancery involving a dispute between parties Shawe and Elting, who jointly owned a company, TransPerfect Global. Prior to litigation, Elting attempted to hire a
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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 Sanctions Plaintiff for Missing Emails and Destroyed Laptop
In Learning Care Group, Inc. v. Armetta, Case No. 13-1540 (D. Conn., June 17, 2016), Plaintiff hired Defendants to provide marketing services. During their business relationship, Plaintiff’s chief marketing officer, DeWalt, served as the key point of contact between the parties. Defendants claim DeWalt approved a business arrangement between the
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Plaintiff’s Case Dismissed Despite Evidence of Electronic Data Spoliation
In Brodie v. Burwell, et. al., Case No. 15-322 (District of Columbia, June 13, 2016), Plaintiff introduced allegations of spoliation to buttress his third attempt to sue the entities and individuals he deemed responsible for his debarment as a university researcher. Plaintiff, a molecular pathologist, was employed at the University
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Louisiana Court Reverses Summary Judgment on Spoliation of Evidence
In Danna v. The Ritz-Carlton Hotel Co., LLC, et. al., Case No. 15-0651 (La. App. 4th Cir., May 11, 2016), Plaintiff sued Defendants after Defendants terminated his employment, alleging breach of contract, defamation, retaliation, and spoliation of evidence. Plaintiff was the Director of Engineering for the Ritz-Carlton hotel in New
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Adverse Inference Instruction Denied in Breach of Contract Case
FiTeq, Inc. v. Venture Corp., et. al., Case No. 13-01946 (N.D. Cali., April 28, 2016) is a breach of contract case involving fraud and other business torts. Plaintiff sued Defendants, and Defendants asserted counterclaims against Plaintiff. During the pretrial stage, the parties filed various motions in limine, with Plaintiff filing