Tag: AdverseInferenceInstruction

  • Taylor Swift Seeks Adverse Inference Sanction for Spoliation of ESI

    7 Aug 2017

    The United States District Court of Colorado reviewed singer Taylor Swift’s motion for sanctions in Mueller v. Swift (Civil Action No. 15-cv-1974-WJM-KLM). David Mueller (“Mueller”) sued Taylor Swift (“Swift”) and other defendants for tortious interference with his work contract. Swift counter-sued Mueller for allegedly groping her under her skirt at

  • Defendant’s ESI Default Spoliation Sanction Reduced

    22 Feb 2017

    Dallas Buyers Club, LLC v. Huszar, Case No. 15-907 (D. Oregon, Feb. 6, 2017) is a copyright infringement case in which Plaintiff accused Defendant of illegally downloading the movie Dallas Buyers Club using BitTorrent. Defendant used a certain computer for these activities, and Defendant alleged that about six months after

  • Plaintiff Awarded Adverse Inference Instruction for Spoliation of ESI in New York Commercial Litigation Case

    23 Sep 2016

    In Oorah, Inc. d/b/a Cucumber Communications v. Covista Communications, Inc.et. al., Case No. 652316/2011 (Supreme Court of New York, New York County, Aug. 23, 2016), the parties asserted claims against each other for breach of contract for failure to make payments due under their agreements. Plaintiff also asserted breach of

  • Adverse Inference Instruction Denied in Breach of Contract Case

    13 May 2016

    FiTeq, Inc. v. Venture Corp., et. al., Case No. 13-01946 (N.D. Cali., April 28, 2016) is a breach of contract case involving fraud and other business torts. Plaintiff sued Defendants, and Defendants asserted counterclaims against Plaintiff. During the pretrial stage, the parties filed various motions in limine, with Plaintiff filing