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 Company (collectively “Defendant”) based on
PersonalInjury Archives - ILS
- ilsteam
- April 18, 2018
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 and implied warranties which incorporates
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- ilsteam
- March 21, 2018
Spoliation Sanction Ruling Affirmed, Defendant Destroyed Records Although Had Already Contemplated Litigation Re Asbestos
In Warren v. Anchem Products, et al., J-M Manufacturing Company, No. 5493N 40000 (N.Y. App. Div. Jan. 18, 2018), the Supreme Court Appellate Division, New York County considered whether a lower court award of spoliation sanctions in favor of Plaintiff against Defendant J-M Manufacturing Company, Inc. (“JMM”) was an abuse of discretion. In or around
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- ilsteam
- March 12, 2018
NY Appellate Court Holds Privacy Settings Do Not Govern Scope of Social Media Disclosures
In Forman v. Henkin, No.1, (N.Y. Feb. 13, 2018), Kelly Forman (“Plaintiff”) injured herself when she fell from a horse owned by Mark Forman (“Defendant”). Defendant wanted access to Plaintiff’s entire Facebook account, saying the photographs and written postings would be material and necessary to his defense. Plaintiff failed to comply. Defendant moved to compel.
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- ilsteam
- March 7, 2018
In Sanctions Motion Based Upon Spoliation Claim, Plaintiff Claims Defendant Acted with Intent to Deprive Him of ESI
In Hernandez v. Tulare Correctional Center, et al., No. 1:16-cv-00413-EPG, (Dist. Court California, 2018), the Court was called upon to determine a request for sanctions based upon a spoliation claim. Albert Hernandez (“Plaintiff”) alleges that on April 21, 2015, he was pre-trial detainee at Tulare County Correctional Center (“Defendant”). Plaintiff was subjected to a search
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- ilsteam
- February 16, 2018
Court Dismisses Case, Finding No Facts To Support Spoliation of Evidence
Steadfast Ins. Co. v. Progressive Casualty Ins. Co., No.3:16-cv-1574-J-34JBT, Dist. Court (M.D. FL 2017) involves preservation of Shawnta Braithwaite’s (“Braithwaite”) 2007 Acura following an accident that injured her and others. Braithwaite’s insurer, Progressive, took possession of the car. Braithwaite filed suit against ACME due to its negligent roadwork. Plaintiff Steadfast is ACME’s insurer. According to Steadfast,
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- ilsteam
- January 24, 2018
Weighing Proportionality and Necessity, Court Denies Request for GM Simulation ESI Based Upon Trade Secret Concern
In Pertile v. General Motors, LLC, No. 1:15-cv-00518, 2016 WL 1059450, (D. Colo. Mar. 17, 2016), plaintiffs allege that Daniel Pertile was catastrophically injured during a rollover accident that occurred on February 25, 2013, in which Daniel was the front seat passenger of a Chevrolet Silverado 2500 HD crew cab truck. On July 6, 2015, the
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- ilsteam
- January 17, 2018
Walmart Granted Partial Relief From Scope of Discovery Requests re Motorized Shopping Cart Accidents
In Wal-Mart Stores, Inc. v. Superior Court of Los Angeles County, No. B284803 (Cal. App. 2nd, Dec. 13, 2017) petitioner Wal-Mart sought to limit the scope of discovery re overly burdensome production requests that it claimed would cost thousands of man-hours to complete. Plaintiff Gracelynn Jun (“Jun”) sued defendant Wal-Mart Stores, Inc. (“Wal-Mart”) after she
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- ilsteam
- January 8, 2018
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 store she tripped and fell
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