SpoliationSanctions

ilsteam
August 9, 2017

Will Hard Copy Production of Data Requested in Discovery Prevent Sanctions for Spoliation of Evidence?

The U.S. Northern District Court of Alabama, Southern Division, examined this question regarding sanctions for spoliation of evidence in Jackson v. Haynes & Haynes, P.C., (Civil Action No. 2:16-cv-01297-AKK). Edna Jackson (“Jackson”) filed this lawsuit against her former employers, Haynes & Haynes, P.C. (“Haynes”) after working for them as a paralegal for three weeks, and

ilsteam
August 2, 2017

Plaintiff Unable to Establish Spoliation Despite Suspicious Activity

Can use of computer wiping software be innocuous once litigation commences, or is such use sufficient evidence of wrongdoing to establish spoliation sanctions? The court considered this question in HCC Insurance Holdings, Inc. v. Valda Flowers, No 1:15-cv-3262-WSD (N.D. Georgia, January 30, 2017). Plaintiff sued Defendant for alleged misappropriation of trade secrets. During the course

ilsteam
July 17, 2017

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 to subdue him during an

ilsteam
July 5, 2017

Spoliation Sanction Motion for Erasure of Truck Accident ECM Data Denied Due to Lack of Custody, Insufficient Evidence

Wiedeman v. Canal Insurance Company et. al., Case No. 15-4182 (N.D. Ga., June 9, 2017) arises out of a truck accident between Plaintiff and Defendant Walter Dorn, a truck driver and employee of Defendant H & F Transfer. The truck was leased from non-party Salem Leasing. On the day of the collision, the investigating police

admin
June 23, 2017

No Spoliation Found where Google Chrome Web History Automatically Deleted Prior to Litigation Hold

Eshelman v. Puma Biotechnology, Inc., Case No. 16-00018 (E.D. N.C., June 7, 2017) is a libel suit related to an allegedly defamatory investor presentation. Plaintiff was an investor in Defendant, a biopharmaceutical company. Plaintiff owns a pharmaceutical research organization called PPD, which contracted with Aventis Pharmaceuticals to provide clinical research services during a clinical trial

admin
May 31, 2017

ESI Spoliation Found to Support Claim of Misappropriation of Trade Secrets

In Systems Spray-Cooled, Inc. v. FCH Tech, LLC, et. al., Case No. 16-1085 (W.D. Ark., May 16, 2017), Plaintiff sued Defendants for misappropriation of trade secrets and confidential information. Plaintiff purchased its technology from UCAR Carbon Company, Inc. in 1999. The individual Defendants, Henry and Campbell, are former employees of Plaintiff and both were subject

admin
May 12, 2017

Plaintiff’s Claims Alleging Conspiracy To Spoliate ESI Insufficient To Give Rise To Cause Of Action For Violation of Constitutional Rights

Van Buren v. Crawford County et. al., Case No. 13-14565 (E.D. Mich., Apr. 13, 2017) is a lawsuit alleging excessive force lawsuit filed by Plaintiff, the personal representative for the estate of William Reddie against Defendants Crawford County Sheriff’s Department, the City of Grayling, the City of Grayling Police Department, and police officers involved in

admin
March 3, 2017

Court Affirms $7 Million in Sanctions for Discovery Misconduct

Shawe v. Elting, Case No. 487, 2016 (Supreme Court of Delaware, Feb. 13, 2017) is a case discussed previously in this blog in which the trial court found that Plaintiff, who is Defendant’s former business and romantic partner, had deleted documents from his computer, failed to preserve his cell phone, improperly accessed Defendant’s emails, and

admin
February 17, 2017

Spoliation Motion Denied in Misappropriation of Trade Secrets Case

In HCC Insurance Holdings, Inc. v. Flowers, et. al., Case No. 15-3262 (N.D. Ga., Jan. 30, 2017), Plaintiff sued Defendants alleging that Defendant Flowers and Defendant Remeika resigned from a non-party subsidiary of Plaintiff, HCC, and appropriated Plaintiff’s trade secrets for use in their new company, Defendant CRU. Plaintiff filed the suit on September 16,

admin
February 6, 2017

Rural Michigan Police Department Sanctioned for Spoliation of Audio Evidence Surrounding Fatal Shooting

In Van Buren v. Crawford County et. al., Case No. 13-14565 (E.D. Mich., Jan. 17, 2017), Plaintiff, the personal representative for the estate of William Reddie, sued Defendant Grayling Police Department for excessive force related claims in connection with Reddie’s death. Defendant officers allegedly shot and killed Reddie while trying to remove his child from his home