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Court Denies Defendant’s Motion for Sanctions for Spoliation of Evidence Due to Lack of Intentional Destruction
In Howard v. Bosch Thermotechnology Corp., Dist. Court (ED Missouri, Feb. 26, 2018), the United States District Court for the Eastern Division in Missouri determined the Plaintiff’s demolition of their burned house was not tantamount to intentional destruction of evidence. The Howards’ house burned to the ground in November 2013.
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No Spoliation by US Department of Labor Based on Sovereign Immunity
In O’Toole v. Acosta, No. 14-cv-2467, (N.D. Illinois, 2018), Plaintiff Thomas O’Toole sued his former employer, the Department of Labor (“DOL”), for alleged spoliation of evidence under the Federal Tort Claims Act (“FTCA”). Defendant moved for summary judgment. Plaintiff worked for DOL’s Bureau of Labor Statistics (“BLS”) as a statistician
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Court Considers Spoliation Sanction Motion Re Loss of Photographs Taken by Adjuster in Insurance Claim Case
In Keathley v. Grange Insurance Company of Michigan, No. 15-cv-11888, (E.D. Mich. 2018), the United States District Court E.D. Michigan, Southern Division considers the Plaintiff’s motion for spoliation sanctions. Plaintiff Timika Keathley submitted an insurance loss claim under Defendant Grange Insurance Company of Michigan’s policy, for a loss she alleges arose
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Court Grants Plaintiff Motion for Spoliation Sanctions After Defendant Nurse Disposes of Contemporaneous Accident Notes
In Alicea v. Continental Casualty Company, No. 15-1941-PAD-BJM, (D. Puerto Rico, 2018), Sandra Cruz Vargas Alicea, Brian Rafael Cruz Vargas, Steven José Cruz Vargas, and Michael Ruben Cruz Vargas (collectively “Plaintiffs”) moved for spoliation sanctions against Continental Casualty Company, Bio-Medical Applications of Ponce, Inc., John Doe, Inc. and ABC Insurance
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Summary Judgment Denied After Court Finds Defendant Altered Skype Communication Records
In GoPro, Inc. v. 360Heros, Inc, No. 16-cv-01944-SI, (N.D.Cal. 2018), the Court denied Defendant’s motion for summary judgment and granted Plaintiff’s motion for sanctions. During discovery related to the parties’ dispute regarding federal and state trademark infringement and unfair competition, Defendant 360Heros, Inc., (“Defendant”) produced transcripts of two Skype conversations.
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Court Finds Failure to Preserve Evidence Amounted to Negligence and Warranted Sanctions
In Leidig v. Buzzfeed, Inc., No. 16 Civ. 542 (VM) (GWG), (S.D.N.Y. Dec. 19, 2017), the Plaintiffs, Michael Leidig, et al.(“Plaintiffs”) sued Buzzfeed, Inc. (“Defendant”) for accusing them of selling “fake news.” Plaintiffs argue that the article defamed them by disputing the veracity and news gathering efforts behind specific stories
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Court Considers Sanction Motion Based Upon Spoliation Claim in Design Defect Case
Cerrato v. Nutribullet, LLC, No. 8:16-cv-3077-T-24 JSS, (M.D. Fla. Nov. 6, 2017) filed by Phyllis and German Cerrato (“Plaintiffs”) includes negligence allegations that a blender manufactured by Nutribullet, LLC and Capital Brands, LLC (“Defendants”) was defectively designed. The complaint contains further causes of action of strict liability, and breaches of express
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Court Orders Adverse Inference Instruction Where Plaintiff Intentionally Deletes Relevant Audio Recording
In Hseuh v. The New York State Department of Financial Services, No. 15 Civ. 3401 PAC (Dist. Ct. S.D. N.Y. 2018) the United States District Court in the Southern Division, New York, determined that FRCP 37(e) did not apply when the party involved intentionally deleted a recording. Tiffany Hseuh (“Hseuh”)
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Court Imposes Adverse Inference Sanctions After Finding Plaintiff Intentionally Spoliated Evidence After Fire
In Arcelormittal Ind. Harbor LLC v. Amex Nooter, LLC, No. 2:15-cv-195-PRC (N.D. Ind. 2018), the United States District Court for Indiana, Northern Division considered Defendant Amex Nooter LLC’s (“Defendant”) Motion for Sanctions Based on Plaintiff ArcelorMittal’s Intentional Spoliation of Evidence. On April 3, 2013, a fire occurred at Blast Furnace
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Court Reserved Its Right to Impose an Adverse Inference Instruction for ESI Spoliation in Google’s Driver-less Car Dispute Against Uber; Parties Reached a $245 Million Settlement Shortly Thereafter
In the headline-grabbing case Waymo LLC v. Uber Technologies, Inc., No. 17-cv-00939-WHA (N.D. Cal. Jan. 28, 2018), Plaintiff Waymo LLC (“Waymo”) sued Defendants Uber Technologies, Inc., and Ottomotto LLC (collectively, “Uber”) for misappropriation of trade secrets related to self-driving vehicle technology. On June 21, 2017, Waymo (a Google-owned company) moved for