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Adverse Inference Sanctions for ESI Spoliation: A Case Update
Spoliation refers to the intentional destruction of evidence that would be favorable to the other side. While it may sound like the stuff of a television procedural and not real litigation, spoliation of electronic evidence such as emails and data files is quite common. Federal courts may sanction the spoliating
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District of Kansas Judge Accepts Ruling of Sanctions for Failure to Comply with Discovery Orders
Prior to the filing of AKH Company, Inc. v. Universal Underwriters Insurance Co., Case No. 13-2003 (D. Kansas, Apr. 11, 2016), Plaintiff was involved in a trademark infringement case in which Defendant defended Plaintiff and settled the case under a reservation of rights. During the underlying trademark case, Plaintiff retained
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Court Tailors Adverse Inference Instruction to Avoid Improper Juror Speculation
In Epic Systems Corp. v. TATA Consultancy Services Ltd. et. al., Case No. 14-748 (W.D. Wis., March 23, 2016), Plaintiff sued Defendants for allegedly using its trade secrets and confidential information without permission. During a long and drawn-out discovery period fraught with disputes, the Court fielded numerous discovery Motions including
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Party Seeks A Preliminary Injunction Following Spoliation Decision
In HMS Holdings Corp. et. al. v. Arendt et. al. NY Slip Op 51034(U) (July 14, 2015) (a case we previously wrote about in which the Albany County Supreme Court found that two attorney Defendants had intentionally spoliated evidence), the Plaintiffs filed a motion for a preliminary injunction based upon a previous adverse inference
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Sanctions and Adverse Inference Instruction Ordered Against Defendant and Counsel for Severe eDiscovery Abuse
In HM Electronics, Inc. v. R.F. Technologies, Inc. et. al., Case No. 12-2884 (S.D. Ca., August 7, 2015), Plaintiff moved for sanctions, alleging that Defendant and its attorneys committed numerous discovery violations, including intentionally destroying relevant documents, falsely certifying that certain documents existed, and filing false reports with the court, among other things. Plaintiff