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No Spoliation Sanctions Where Moving Party Offered No Proof of Intent
In Wooden v. Barringer, et al., No. 3:16-cv-446-MCR-GRJ, (N.D. Fla. Nov. 6, 2017), Gregory Wooden (“Plaintiff”) filed a grievance over excessive force against Officer Clyde Barringer (“Defendant”). Plaintiff filed a notice of intent to litigate on April 12, 2016. Defendants produced three video recordings. Plaintiff claimed spoliation, saying the videos
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California Supreme Court to Review Whether Criminal Defendant Has a Constitutional Right to Obtain Social Media Records
Facebook, Inc. v. Superior Court, No. D072171, 15 Cal. App. 5th 729 (2017) relates to a criminal case where the defendants in a gang-related drive-by shooting case subpoenaed the Facebook, Twitter, and Instagram posts of a murder victim and a witness. The social media companies moved to quash the subpoenas, objecting
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Court Refuses to Enter Default Judgment Where Defendant Negligently Destroyed Video of Slip and Fall
In Patrick v. Tractor Supply, Co., No. 16-10755, (E.D. La., 2017), Plaintiff in a slip-and-fall case moves for default judgment due to Defendant’s spoliation of evidence. On May 27, 2016, following a slip-and-fall incident that occurred on November 7, 2015, Plaintiff filed suit against Defendant. Plaintiff alleges that while visiting Defendant’s
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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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Defendant Seeking Evidentiary Sanctions for Discovery Disputes
In Somers v. Digital Realty Trust Inc., Case No. 14-cv-05180-EMC(KAW), N.D. Cal. July 11, 2017, the court concluded that the parties were “incapable of meeting and conferring” and instead decided a number of discovery disputes for the parties. One such dispute concerned electronic files that Plaintiff made available to Defendants
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County Sanctioned in Civil Rights Case for Failing to Preserve Video of Jailhouse Beatings
In Storey v. Effingham County et. al., Case No. 15-149 (S.D. Ga., June 16, 2017), Plaintiff is the executor for the estate of Kenneth Cartee, who died from injuries he sustained during an arrest by Effingham County police. According to the complaint, police pressed down on Cartee’s shoulder and neck
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Preclusion Motion Denied Where No Bad Faith in Deletion Of Smartphone Original Audio, and Party Waited Too Long To Seek Original
In Kennedy v. Supreme Forest Products, Inc., Case No. 14-01851 (D. Conn., May 22, 2017), Plaintiff, a truck driver, sued Defendants, his employers, for violation the Surface Transportation Assistance Act (STAA), based upon allegations that Defendants terminated his employment because he refused to drive trucks that were loaded over the
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Summary Judgment Granted Despite Destruction of Video Evidence
In Taylor v. Thrifty Payless, Inc., d/b/a Rite-Aid, Case No. 16-00474 (D. Oregon, May 12, 2017), Plaintiff sued Defendant after she slipped and fell in a large puddle while shopping in the Defendant drugstore. She testified that after she fell, someone placed cones around the spill and wet floor signs.
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NYPD Motion for Sanctions Denied When No Prejudice Shown by Lost Cell Phone Footage
In Simon et. al. v. City of New York et. al., Case No. 14-8391 (S.D.N.Y., Jan. 5, 2017), Plaintiffs sued the City of New York as well as several NYPD police officers for false arrest and violations of the First, Fourth, Sixth, and Fourteenth Amendments to the Constitution. After discovery,
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False Arrest Plaintiff Awarded Attorneys’ Fees and Adverse Inference for Police Spoliation of Video Evidence
In Cahill v. Dart et. al., Case No. 13-361 (N.D. Ill., December 2, 2016), Plaintiff sued Defendants (police officers with the Cook County Sheriff’s Office) for claims of false arrest, malicious prosecution and violations of the Fourth Amendment following his arrest for driving on a suspended license. Defendants alleged that