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Court Allows Evidentiary Sanction After Grocery Store Inadvertently Destroys Slip and Fall Evidence
In Brown v. Albertsons, LLC, No. 2:16-cv-01991-JAD-PAL (D. Nev. May 10, 2017), the Court examines Plaintiff’s claims of intentional spoliation of evidence after a tort action. Plaintiff alleges she slipped and fell at an Albertson’s Store in Las Vegas on February 1, 2016. After over a year of discovery activity,
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Court Levels Interim Sanctions Against Party Who Admittedly Spoliated Evidence; Terminating Sanction May Follow
In Blasi v. United Debt Services, No. 2:14-cv-83, (S.D. Ohio Feb. 21, 2017), the Court ruled that a named party in a class action was prejudiced by a Defendant’s intentional destruction of potentially relevant evidence, and failure to comply with Court-ordered discovery. The original complaint alleged, on a class action
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Court Imposes Sanctions on Parties for Willful Violations of Discovery Rules
In Camecia v. Cooley, No. 74048-2-1, (Wash. Ct. App. Div. I, 2017), the Court of Appeals of Washington, Division 1, upheld a lower court’s imposition of sanctions for willful violations of discovery rules. On June 19, 2006, Susan Camicia (“Camecia”) hit a wooden bollard while riding her bicycle on the
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Court Rejects Request for Adverse Inference Instruction Where Plaintiff Fails to Prove Intent
The United States District Court D, Nebraska heard the case of Inderjeet Basra, individually and as Personal Representative for the Estate of Atinderpal Singh, Dilshaan Rehal, by and through his next friend, Inderjeet Basra v. Ecklund Logistics, Inc., No. 8:16CV83, (D. Neb., March 2017) where the Plaintiff claimed the Defendant
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U.S. 3rd Circuit Appellate Court Affirms Denial of Spoliation Sanction; Outlines Moving Party’s Insufficient Showing re Bad Faith Intent
The United States Court of Appeals for the Third Circuit determined that there was no bad faith involved regarding a question of accessabiltiy of evidence in Alston v. Park Pleasant, Inc., No. 16-1464. (3rd. Cir. Feb. 2017), and so the pre-requisite bad faith intent needed for ordering spoliation sanction was
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Court Finds Defendant’s Failure to Preserve a Car’s Electronic Control Module Constitutes Spoliation
In Barry v. Big M Transportation, Inc., No. 1:16-cv-00167-JEO (Dist. Court ND Alabama, 2017), the United States District Court N.D. Alabama, Eastern Division determined that the failure to preserve a vehicle’s Electronic Control Module in a case involving a vehicle crash constituted spoliation of the evidence. This action arises out of
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Court Denies Motion for Sanctions When Spoliation Threshold Not Met.
In Air Products and Chems., Inc. v. Weisemann et al., Civ. No. 14-1425-SLR (D. Del. Feb. 27, 2017) the U.S District Court (Delaware) determined that the moving party on a sanctions motion failed to make threshold showings of spoliation, and therefore found no grounds to warrant sanctions. In May 2013,
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In Insurance Fraud Case, Judge Rules Plaintiff Spoliated Evidence
In the case of Brown v. Certain Underwriters at Lloyds, London, ET AL., Civil Action No. 16-cv-02737. (E.D. P.A. June 9, 2017), an insurance fraud case, the Defendants filed a Motion for Spoliation Sanctions and a Supplemental Memorandum in Support of Defendants’ Motion for Spoliation Sanctions in response to the
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In Insurance Fraud Case, Judge Rules Plaintiff Spoliated Cell Phone Evidence
In the insurance fraud case of Brown v. Certain Underwriters at Lloyds, London, ET AL., Civil Action No. 16-cv-02737. (E.D. P.A. June 9, 2017), the Defendants filed a Motion for Spoliation Sanctions regarding the Plaintiff’s failure to submit his cell phone device during discovery. The case was initiated due to
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When Electronically Stored Information That Should Have Been Preserved Was Lost, the Court Interpreted It as Intent to Deprive
In the case of Christoffersen v. Malhi, No. CV-16-08055-PCT-JJT (D. Ariz. June 20, 2017), a personal injury case, Defendant Malhi was the owner-operator of his trucking company when he was in an accident that lead to a fatality. In discovery, Defendant failed to provide documents relating to his trucking company.