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Court of Appeals Affirms Sanctions Following Metadata-Related Discovery Abuses
In Long Bay Management Co., Inc. et. al. v. HAESE, LLC et. al., Case No. 14-P-991 (Mass. App. Ct., Nov. 17, 2015), Plaintiffs sued Defendants, their former legal counsel, for overbilling after a former associate of Defendants informed Plaintiffs that his billing records had been altered without his knowledge. The
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Dish Network Sanctioned for Discovery Violations After Failing to Produce Responsive Data
In United States et. al. v. Dish Network, LLC, Case No. 09-3073 (C.D. Ill., October 13, 2015), the U.S. federal government and the state governments of California, Illinois, North Carolina, and Ohio sued Dish Network, LLC (“Dish”) for making millions of illegal telemarketing phone calls in violation of a multitude
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Eastern District of New York Denies Spoliation Sanctions Motion as Procedurally Improper
In In re Symbol Technologies, Inc. Securities Litigation, Case No. 05-3923 (E.D.N.Y., September 30, 2015), a class action securities lawsuit filed by Iron Workers Union Local 580 Pension Fund, the court recently denied Plaintiff’s motion for spoliation sanctions. Plaintiff sued Defendant for violations of SEC regulations and the Securities Exchange
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Court Denies Motion for Spoliation Sanctions Due To Lack of Specificity
In Brown v. Oakland County, Case No. 14-13159 (E.D. Mich., Sept. 4, 2015), Plaintiff sued Defendant, her former employer, for age and race discrimination and wrongful termination. During discovery, Plaintiff concluded that Defendant had spoliated electronic evidence. Plaintiff filed a Motion seeking an adverse inference instruction against Defendant based upon
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Maryland District Court Imposes Spoliation Sanctions
In Cognate BioServices, Inc., et. al. v. Smith, et. al., Case No. 13-1797 (D. Md., Aug. 31, 2015), the District of Maryland recently considered whether to sanction Defendant for spoliation of evidence. Defendant Smith is the former CEO of Plaintiff Cognate. While employed at Cognate, Smith took part in contract negotiations between Cognate and
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Spoliation Sanctions Denied Under Third Circuit’s “Bad Faith” Standard
In Flanders v. Dzugan et. al., Case No. 12-1481 (W.D. Pa., August 24, 2015), the Western District of Pennsylvania considered whether to impose spoliation sanctions upon Defendants for their alleged failure to preserve certain ESI, including emails, and failure to properly institute a litigation hold. The parties had entered into an ESI protocol that limited Defendants’ email