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Spoliation

Posted on May 25th, 2018 by ilsteam

In Cooper Tire & Rubber Co. v. Koch et al., No. S17G0624 (Ga. March 15, 2018), the Supreme Court of Georgia granted writ to determine whether the Court of Appeals properly interpreted the law regarding the duty to preserve evidence. This case arose from an accident involving Plaintiff Renee Koch’s (“Koch”) husband, Gerald was driving …

Posted on May 23rd, 2018 by ilsteam

In Travelers Prop. Cas. Ins. Co. of America v. Mountaineer Gas Co., No. 2:15-cv-0959 (S.D. West Virginia March 16, 2018), the Court is requested to consider a spoliation sanctions motion filed in a litigation arising from a boiler explosion at a medical center.  The explosion led to a lawsuit between the insurance carrier and the …

Posted on May 16th, 2018 by ilsteam

In Howard v. Bosch Thermotechnology Corp., Dist. Court (ED Missouri, Feb. 26, 2018), the United States District Court for the Eastern Division in Missouri determined the Plaintiff’s demolition of their burned house was not tantamount to intentional destruction of evidence. The Howards’ house burned to the ground in November 2013. In this products liability action, …

Posted on May 4th, 2018 by ilsteam

In O’Toole v. Acosta, No. 14-cv-2467, (N.D. Illinois, 2018), Plaintiff Thomas O’Toole sued his former employer, the Department of Labor (“DOL”), for alleged spoliation of evidence under the Federal Tort Claims Act (“FTCA”). Defendant moved for summary judgment. Plaintiff worked for DOL’s Bureau of Labor Statistics (“BLS”) as a statistician from February 2012 to August …

Posted on May 2nd, 2018 by ilsteam

In Keathley v. Grange Insurance Company of Michigan, No. 15-cv-11888, (E.D. Mich. 2018), the United States District Court E.D. Michigan, Southern Division considers the Plaintiff’s motion for spoliation sanctions.  Plaintiff Timika Keathley submitted an insurance loss claim under Defendant Grange Insurance Company of Michigan’s policy, for a loss she alleges arose from water damage to her …