Tag: EmailSpoliation

  • CFTC Awarded Sanctions for Contempt as to Fraud Defendant

    12 Jul 2017

    In U.S. Commodity Futures Trading Commission v. Gramalegui, Case No. 15-02313 (D. Colo., June 14, 2017), Plaintiff, a federal institution, filed a civil action against Defendant for fraud.  The action was based upon allegations of false statements made by Defendant to Plaintiff, and Plaintiffs’ failure to make required court ordered

  • No New Trial Despite Evidence of Potential Email Spoliation in FLSA Case

    26 Jun 2017

    In Fair Labor Standards Act (FLSA) case Jenkins v. Anton et. al., Case No. 15-00283 (M.D. Fl., June 8, 2017), the court entered judgment in favor of Defendants, finding that Plaintiff had not proved that Defendant violated overtime laws. Plaintiff subsequently filed a Motion to Amend Judgment or for New

  • Sanctions Not Justified in Case of Missing Email Later Produced

    14 Apr 2017

    In Crow et. al. v. Cosmo Specialty Fibers, Inc. et. al., Case No. 15-05665 (W.D. Wash., Mar. 24, 2017), Plaintiffs sued Defendants for personal injury when Plaintiff Steven Crow was injured by hazardous gas released on September 27, 2012. He was at work at a truck shop, Weyerhaeuser, adjacent to

  • Bankruptcy Debtor’s Discharge Denied for Failing to Produce Emails Per Court Order

    30 Jan 2017

    The Patriot Group, LLC v. Steven C. Fustolo (In re Fustolo), Case No. 13-12692, Adv. No. 14-1193 (Bankr. D. Mass., Jan. 11, 2017) is an adversary proceeding filed within an involuntary Chapter 7 bankruptcy case. Defendant owned a company that borrowed millions from Plaintiff; ultimately, Plaintiff sued Defendant and obtained

  • School District Deleted Email Account, But No Spoliation Found

    13 Jan 2017

    Archer et. al. v. York City School District, et. al., Case No. 13-2826 (M.D. Pa., Dec. 28, 2016) is a case involving a charter school in York, Pennsylvania. Plaintiffs are a group of students and parents suing Defendants to protest the decision not to renew the school’s charter based upon

  • Court Denies ESI Spoliation Motion Regarding Document and iPad Email Deletion

    12 Sep 2016

    In First American Title Insurance Company et. al. v. Northwest Title Insurance Agency, LLC et. al., Case No. 15-00229 (D. Utah, Aug. 31, 2016), Plaintiffs sued Defendants Smith and Williams, former employees of Plaintiffs, after they started a competing company, Defendant Northwest Title. While setting up the company, Smith and

  • No Sanctions for Deleted Email Account in Lowe’s Hostile Work Environment Lawsuit

    20 Jul 2016

    In Moore v. Lowe’s Home Centers, LLC, Case No. 14-01459 (W.D. Wash., June 24, 2016), Plaintiff sued Defendant for hostile work environment based upon sexual harassment and pregnancy-related discrimination. During her employment, Plaintiff emailed the Human Resources department and other management about her concerns at least 11 different times. At

  • Court Sanctions Plaintiff for Missing Emails and Destroyed Laptop

    8 Jul 2016

    In Learning Care Group, Inc. v. Armetta, Case No. 13-1540 (D. Conn., June 17, 2016), Plaintiff hired Defendants to provide marketing services. During their business relationship, Plaintiff’s chief marketing officer, DeWalt, served as the key point of contact between the parties. Defendants claim DeWalt approved a business arrangement between the

  • Court Declines to Order Adverse Inference Instruction for Missing Email

    6 Jul 2016

    In Lauth v. Covance, Inc., Case No. 14-136 (S.D. Indiana, June 14, 2016), Plaintiff sued Defendant under the Age Discrimination in Employment Act (ADEA) for discrimination and employment retaliation. Defendant hired Plaintiff in 2006 when Plaintiff was 54 years old. The record showed that Plaintiff never received a negative overall employee

  • Plaintiff’s Case Dismissed Despite Evidence of Electronic Data Spoliation

    29 Jun 2016

    In Brodie v. Burwell, et. al., Case No. 15-322 (District of Columbia, June 13, 2016), Plaintiff introduced allegations of spoliation to buttress his third attempt to sue the entities and individuals he deemed responsible for his debarment as a university researcher. Plaintiff, a molecular pathologist, was employed at the University