-
Louisiana Court Reverses Summary Judgment on Spoliation of Evidence
In Danna v. The Ritz-Carlton Hotel Co., LLC, et. al., Case No. 15-0651 (La. App. 4th Cir., May 11, 2016), Plaintiff sued Defendants after Defendants terminated his employment, alleging breach of contract, defamation, retaliation, and spoliation of evidence. Plaintiff was the Director of Engineering for the Ritz-Carlton hotel in New
-
Email Communications: Top eDiscovery Cases of 2016 Regarding Spoliation and Formatting
Email communications and threads continue to be among the leading categories of electronic data relevant to civil litigation. As such, there are numerous eDiscovery cases regarding disputes over email preservation, native file format, spoliation and more. So what has happened regarding email production as a part of electronic discovery so
-
Southern District of Indiana Denies Sanctions Motion Based upon Lack of Bad Faith
In Martin v. Stoops Buick, Inc. et. al., Case No. 14-00298 (S.D. Ind., Apr. 25, 2016), Plaintiff, a former employee of Defendant Stoops Buick, sued Defendants for wrongful termination, alleging that Defendant Trauner fired her because of her race and religion. Plaintiff, a payroll clerk, is a Chinese immigrant and
-
District of Columbia Dismisses Spoliation Case for Lack of Jurisdiction
In the spoliation case out of the District of Columbia North et. al. v. Smarsh, Inc., et. al., Case No. 15-494 (D. Columbia, December 4, 2015), Plaintiffs were securities brokers who were subject to disciplinary actions by FINRA. They hired Defendant Smarsh, the email vendor for their former firm, to
-
Spoliation Sanctions Proper for Failure to Implement Litigation Hold
In Pegasus Aviation I, Inc. et. al. v. Varig Logistica S.A., 2015 NY Slip Op 09187, No. 153 (N.Y. App., Dec. 15, 2015), the New York County Supreme Court granted a motion for spoliation sanctions, striking Defendant Varig’s answer and ordering an adverse inference. The other Defendants appealed, and the
-
Middle District of Georgia Grants Houston County Sheriff’s Motion to Exclude Evidence of Alleged Spoliation
The Middle District of Georgia has excluded evidence at Defendants spoliated electronic evidence. In West v. Talton, Case No. 13-338 (M.D. Ga., Nov. 2, 2015), Plaintiff sued Defendants, the Houston County Sheriff and the Sheriff’s Department, for employment discrimination. During discovery, Plaintiff deposed a Houston County representative and discovered that