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Sanctions Granted Due To Defendant “Willfully” Acting To Prevent Plaintiff From Accessing Photographic Evidence
In Wilmoth v. Deputy Austin Murphy, No. 5:16-CV-5244 (W.D. Ark. Aug. 7, 2019), an Arkansas District Judge granted Plaintiff’s motion for spoliation on the grounds that Defendant’s conduct exhibited an “intent to deprive” Plaintiff of the use of photographs that supported Plaintiff’s excessive force claim against Defendant. This case involves
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Failure To Preserve Police Dash Cam Video Results in Sanctions
In Woods v. Scissons, No. CV-17-08038-PCT-GMS (D. Ariz. Aug. 14, 2019), an Arizona Chief District judge granted in part and denied in part Plaintiff’s motion for sanctions for spoliation of video footage of an arrest involving Plaintiff and Defendant, a police officer with the Prescott Police Department. In this case,
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Failure To Disclose And Subsequent Deletion of Social Media Account Leads to Adverse Inference Sanction
In Cordova v. Walmart Puerto Rico, Inc., et. al., No. 16-2195 (ADC) (D.P.R. July 16, 2019), the judge imposed a sanction of adverse inference against Plaintiff due to Plaintiff’s failure to disclose and subsequent deletion of a social media account while the litigation was pending. This case involves allegations of
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Court Denies Plaintiff’s Request For Adverse Inference Due To Plaintiff’s Failure to Demonstrate Defendant’s Intent
In Drivetime Car Sales Company, LLC v. Pettigrew, No. 2:17-cv-371(S.D. Ohio April 18, 2019), the Judge granted in part and denied in part Plaintiff’s motion for an adverse inference sanction against Defendant Pauley Motor on the grounds that Plaintiff failed to sufficiently demonstrate that Defendant Bruce Pauley intentionally failed to
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Magistrate Judge Recommends Default Judgment Against Defendants For Wide-Scale Discovery Misconduct
In Abbott Laboratories, et al. v. Adelphia Supply USA, et al., No. 15-CV-5826(CBA)(LB) (E.D.N.Y May 2, 2019), a New York Magistrate Judge recommended that Plaintiff’s motion for case ending sanctions be granted on the grounds that Defendants’ course of conduct presented “a cautionary tale about how not to conduct discovery
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Motion For Sanctions Denied On Grounds of Failure to Establish Prejudice, Despite Finding Defendant’s Clear Failure to Preserve Evidence
In Maifile v. Kaiser-Francis Oil Co., No. 18-CV-586-TCK-FHM (N.D. Okla. May 21, 2019), an Oklahoma Magistrate Judge denied Plaintiff’s motions for sanctions on grounds that Plaintiff failed to demonstrate she suffered prejudice from the loss of her previous work computer, despite finding the Defendant’s clear failure to preserve the computer.
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Judge Rules that Two-year Knowledge of Spoliation Prior to Filing of Motion Makes It “Untimely”
In Wakefield v. Visalus, Inc., No 3:15-cv-1857-SI (D. Or. Mar. 27, 2019), the Oregon District Judge denied Plaintiff’s motion for sanctions against Defendant on the grounds that since Plaintiff knew about the spoliation for over two years, her motion was “untimely.” This case stems from alleged violations of the Telephone
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Judge Rules There is No Duty on Non-Parties to Preserve Evidence
In Shamrock-Shamrock, Inc. v. Remark, No. 5D18-1987 (Fla. Dist. Ct. App. Apr. 26, 2019), the District Court of Appeals, Fifth District, ruled in favor of Appellee, holding that there is no duty on nonparties to a lawsuit to preserve evidence based on the foreseeability of litigation. This case stems from
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Motion For Sanction Denied Where No Prejudiced Shown
In Harvery v. Hall, et al., Civil Action No. 7:17-cv-00113 (W.D. Va April 22, 2019), the Magistrate Judge denied Plaintiff’s Motions for Sanctions for Spoliation on the grounds that, despite a finding of gross negligence on the part of Defendants, Plaintiff failed to demonstrate prejudice from the loss of the
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No Spoliation For Lost Emails Under FRCP 37(e) Where Potential Prejudice is Purely Speculative
In CIGNEX Datamatics, Inc. v. Lam Research Corporation, No. 17-320-MN (D. Del. Mar. 11, 2019), the court denied Defendant’s motions for spoliation and for sanctions, finding insufficient evidence that Plaintiff suffered prejudice due to the deleted electronically stored information (“ESI”). This case stems from a breach of contract in which