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Defendants Sanctioned in Prince Music Dispute for Wiping Cell Phones
In Paisley Park Enterprises, Inc., et al., v. George Ian Boxill, et al., No. 17-cv-1212 (D. Min. Mar. 4, 2019), a Minnesota magistrate judge granted in part and denied in part Plaintiff’s motion for sanctions due to spoliation of evidence on the grounds that Defendants acted with an intent to
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No Spoliation Where Defendant Unintentionally Loses Key Surveillance Video Footage
In Stovall v Brykan Legends, LLC, No. 17-2412-JWL (D. Kan. Feb. 7, 2019), an employment discrimination case, the court denied Plaintiff’s motion for sanctions based on Defendant’s alleged spoliation of surveillance video footage, stating that “[P]laintiff has failed to meet the requirements of Fed. R. Civ. P. 37(e)(2).” The case
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Lack of Intent to Deprive Means No Spoliation Sanctions Where Defendant Copied and Later Deleted Plaintiff’s Email
In Worldplay, US, Inc. v. Haydon and Eunyt LLC, No. 17-cv-4179 (N.D. Ill. Nov. 14, 2018), the United States District Court for the Northern District of Illinois denied Plaintiff’s Motions for Sanctions on the grounds that Plaintiff had not suffered prejudice under Rule 37(e)(1) due to allegedly destroyed electronically stored
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Defendant Fails to Show Plaintiff Destroyed ESI; Court Denies Motion for Spoliation Sanctions
In World Trade Centers Association, Inc. v. The Port Authority of New York and New Jersey, No. 15 Civ. 7411 (S.D. N.Y. April 2, 2018), the United States District Court for the Southern District of New York denied Defendant’s Motion for Spoliation Sanctions on the grounds that Defendant failed to
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Court Declines to Impose Spoliation Sanctions Where Yahoo! Deleted Defendant’s Emails
In Blank v. TOMORROW, PCS, L.L.C., Civ. A. No. 16-11092, (E.D. La. June 27, 2018), the United States District Court for the Eastern District of Louisiana denied Plaintiff’s Motion for Sanctions for Spoliation of Evidence, holding that Plaintiff failed to demonstrate that Defendant Telecom acted with a culpable mind relating
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Court Grants Partially Grants Spoliation Sanctions for Destroyed Video Footage
In Mizzoni v. Allison (Case No. 3-15-cv-00313-MMD-VPC.) (United States District Court, D. Nevada. May 14, 2018) the United States District Court for the District of Nevada decided on the Plaintiff’s motion for spoliation sanctions against the Defendant. Joseph Mizzoni, the Plaintiff, is an inmate in the custody of the Nevada
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Court Grants Spoliation Sanctions for Deleted Social Media Accounts
In Nunes v. Rushton (Case No. 2:14-cv-00627-JNP-DBP.)(United States District Court, D. Utah), the Court granted the plaintiff’s spoliation sanctions. Rachel Nunes (plaintiff) brought a copyright infringement claim against Tiffanie Rushton (defendant). The defendant copied protected portions of the plaintiff’s book, A Bid for Love, and released copies of the work
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Destruction of Cell Phone Records, Lies Under Oath Considered by Court In Motion for Sanctions
In the lawsuit Heggen v. Maxim Healthcare Servs., Inc., a former employee of Maxim Healthcare Services (Maxim) filed a lawsuit over alleged sexual harassment and retaliation. Maxim, the defendant, is a provider of temporary medical staff, home health care and wellness services. Plaintiff, who was employed at the company as
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Georgia Supreme Court Clarifies “Reasonably Foreseeable” Test for Duty to Preserve Evidence
In Cooper Tire & Rubber Co. v. Koch et al., No. S17G0624 (Ga. March 15, 2018), the Supreme Court of Georgia granted writ to determine whether the Court of Appeals properly interpreted the law regarding the duty to preserve evidence. This case arose from an accident involving Plaintiff Renee Koch’s
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Court Determines Timeliness of Defendant’s Spoliation Sanctions Motion
In Travelers Prop. Cas. Ins. Co. of America v. Mountaineer Gas Co., No. 2:15-cv-0959 (S.D. West Virginia March 16, 2018), the Court is requested to consider a spoliation sanctions motion filed in a litigation arising from a boiler explosion at a medical center. The explosion led to a lawsuit between