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Adverse Inference Instruction Against Trucking Company for Failure to Preserve Data
O’Berry et. al. v. Turner, et. al., Consolidated Case Nos. 15-00064/15-00075 (M.D. Ga., April 27, 2016) is a consolidated litigation arising out of a tractor trailer accident. Plaintiffs were a driver and a passenger in a car which was struck by the tractor trailer truck driven by Defendant Turner, who suddenly swerved into their car’s
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Southern District of Indiana Denies Sanctions Motion Based upon Lack of Bad Faith
In Martin v. Stoops Buick, Inc. et. al., Case No. 14-00298 (S.D. Ind., Apr. 25, 2016), Plaintiff, a former employee of Defendant Stoops Buick, sued Defendants for wrongful termination, alleging that Defendant Trauner fired her because of her race and religion. Plaintiff, a payroll clerk, is a Chinese immigrant and
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Spoliation Sanctions Denied, Insufficient Degree of Bad Faith in Deleting Email
In OrchestrateHR, Inc. et. al. v. Trombetta, et. al., Case No. 13-2110 (N.D. Texas, April 18, 2016), Plaintiffs sued Defendants over violations of a former employee’s (Trombetta) non-compete and confidentiality agreements. During discovery, Defendant Borden-Perlman Insurance was twice sanctioned for discovery violations. Eventually, Plaintiffs filed sanctions motions against all the
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Terminating Sanctions Imposed for Intentional Destruction of ESI
In Schlossburg v. Abell, Bankruptcy Case No. 13-13847, Adversary No. 14-00417 (Bankr. D. Maryland, April 11, 2016), Defendant Abell filed Chapter 11 bankruptcy; thereafter, Plaintiff was appointed as Chapter 11 trustee. Before the bankruptcy filing, Defendant Abell was sued by multiple plaintiffs for his role in an allegedly fraudulent mortgage
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SDNY Applies Original FRCP 37(e) to Decide Spoliation Motion
An inmate sued the United States and various government employees for violations of his constitutional rights in McIntosh v. U.S. et. al., Case No. 14-7889 (S.D. N.Y., Mar. 31, 2016). Plaintiff filed the suit pro se, and thereafter filed a Motion to Preserve Documents. Plaintiff’s Motion was based on his
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Northern District of California Denies Motion in Limine to Exclude Spoliation Evidence at Trial
In the trademark infringement case Internmatch, Inc. v. Nxtbgthing, LLC, et. al., Case No. 14-05438 (N.D. Cal., Mar. 28, 2016), Plaintiff filed a motion for terminating sanctions against Defendants, alleging that Defendants intentionally destroyed electronic versions of documents that demonstrated their alleged use of the disputed trademark. The spoliation motion
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Ninth Circuit Affirms Terminating Sanction for ESI Spoliation
In an unpublished decision, Roadrunner Transportation Services, Inc. v. Tarwater, Case Nos. 15-55448 and 14-55529 (9th Cir., Mar. 18, 2016), the Ninth Circuit reviewed entry of default judgment based upon an order imposing a terminating sanction for spoliation. In the underlying litigation, Plaintiff employer sued Defendant former employee for violations of
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State Law Applied to Decide Spoliation in Diversity Case
Plaintiffs in a diversity case, LaFerrera et. al. v. Camping World RV Sales of Birmingham et. al., Case No. 15-00473 (N.D. Ala., Mar. 21, 2016), sought a federal court ruling regarding spoliation. Plaintiffs sued Defendants over claimed defects in a motor home they purchased and misrepresentations about the condition of the
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Court Orders Spoliation Sanctions for Defendants’ Willful Failure to Produce Text Messages
In First Financial Security, Inc. v. Lee et. al., Case No. 14-1843 (D. Minn. Mar. 8, 2016), Plaintiff sued Defendants for breach of contract. During discovery, Plaintiff sought communications, including emails and text messages, sent both before and after a critical May 10 meeting. Defendants refused to provide any of the information
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Court Denies Pro Se Plaintiff’s Motion for Discovery Sanctions in Civil Rights Case
In Boyd v. Etchebehere, et. al., Case No. 13-01966 (E.D. Cal. Mar. 2, 2016), a pro se state prisoner plaintiff sued prison employees for violating his civil rights regarding freedom of religion. During discovery, Plaintiff served a supplemental request for production asking for all documentation regarding the observance of Ramadan at