-
Fourth Circuit Affirms Finding that No ESI Spoliation Occurred in Trade Secrets Case
In Integrated Direct Marketing, LLC v. May et. al., Case No. 16-1032 (4th Cir., May 30, 2017), Plaintiff appealed the grant of summary judgment in favor of Defendants. Plaintiff sued Defendants for misappropriation of trade secrets and breach of a confidentiality agreement. Plaintiff is a direct competitor with Defendant Merkle;
-
Default Judgment Entered as Sanction for Intentional Spoliation of ESI
In Omnigen Research et. al. v. Wang et. al., Case No. 16-00268 (D. Oregon, May 23, 2017), Plaintiffs sued Defendants for breach of contract, intentional interference with economic relations, misappropriation of trade secrets, copyright infringement, false advertising and unfair competition, and breach of fiduciary duty. Defendants brought counterclaims for promissory
-
No Spoliation Where Defendants Altered Document Retention Policy on Website
In Guity v. Uniondale Union Free School District et. al., Case No. 15-5693 (E.D. N.Y., Mar. 31, 2017), Plaintiff, without an attorney, filed an employment lawsuit against Defendants under Title VII of the Civil Rights Act and New York’s human rights statute for hostile work environment, race discrimination, retaliation, and
-
Wrongful Death Plaintiff Awarded Attorneys’ Fees for Defendant Failure to Preserve ESI and Other Evidence
In wrongful death case McQueen et. al. v. Aramark Corp. et. al., Case No. 15-492 (D. Utah, Nov. 29, 2016), Plaintiff’s decedent, Alec McQueen, was killed in an incident at the Bullfrog Marina. On August 15, 2014, before filing the lawsuit, Plaintiff sent a litigation hold letter to Defendant demanding
-
Business Partner Sanctioned for Egregious ESI Spoliation and False Testimony
In re Shaw & Elting, LLC, Case Nos. 9661-CB, 9686-CB, 9700-CB, 10449-CB (Del. Ch. Ct., July 20, 2016) is a case in the Delaware Court of Chancery involving a dispute between parties Shawe and Elting, who jointly owned a company, TransPerfect Global. Prior to litigation, Elting attempted to hire a
-
NY Court Orders Adverse Inference Instruction for Email Spoliation
In Ocwen Loan Servicing, LLC v. Ohio Public Employees Retirement System, Case No. 654586/2012 (Supreme Court of New York, New York County, December 7, 2015), Plaintiff sued Defendant over trust funds allegedly mistakenly turned over to Defendant and kept. Plaintiff filed a Motion for Sanctions, asserting that Defendant failed to
-
Default Judgment Entered As Sanction for Discovery Violations, Including ESI Spoliation
In Herman v. Herman, 2015 NY Slip. Op. 31205(U) (N.Y.S.C., NY Co., 2015), a case involving the purchase of a trust’s interests in real property, the New York State Supreme Court considered the appropriate sanction for severe discovery violations, including willful document destruction in violation of a court order. Early in the litigation, the parties had