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Court Grants Defendant’s Motion to Compel Discovery in Sexual Harassment Case
In Lassiter v. Hidalgo Medical Services (No. 17-cv-0850JCH/SMV, United States District Court, D. New Mexico, May 16, 2018), the United States District Court of New Mexico ruled on the Defendant’s motion to compel the production of a day planner in an employment retaliation case. The Plaintiff filed a lawsuit against
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Destruction of Cell Phone Records, Lies Under Oath Considered by Court In Motion for Sanctions
In the lawsuit Heggen v. Maxim Healthcare Servs., Inc., a former employee of Maxim Healthcare Services (Maxim) filed a lawsuit over alleged sexual harassment and retaliation. Maxim, the defendant, is a provider of temporary medical staff, home health care and wellness services. Plaintiff, who was employed at the company as
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No Spoliation by US Department of Labor Based on Sovereign Immunity
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
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Court Considers Whether Text Messages Fabricated In Deciding Motion For Terminating Sanctions
In Lee v. Trees, Inc., No. 3:15-cv-0165-AC, (Dist. Ct. D. Oregon, 2017) the Court considered a motion requesting sanctions against a party accused of fabricating evidence in a sexual harassment case. Plaintiff Sarah Lee (“Lee”) was working as a flagger for employer and Defendant Trees, Inc. (“Trees”), a logging company,
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Court Denies Motion For Corporate Email, ESI as Premature For Failure to Comply With Meet & Confer Requirements
Kellgren v. Petco Animal Supplies, Inc., No. 3:13-cv-644L-KSC, (S.D. Cal. March 10, 2017) is a collective litigation in which plaintiffs Erik Kellgren (“Kellgren”) and others employed as Assistant Managers in Defendants’ stores claim to have been misclassified as “exempt” from the overtime provisions of the Fair Labor Standards Act (“FLSA”). The central
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Court Orders Adverse Inference Instruction Against District of Columbia For Failing to Preserve Potentially Relevant Emails
In Nunnally v. Dist. of Columbia, 243 F. Supp. 3d 55 (D.C. 2017), the Court granted in part and denied in part Plaintiff’s motion for sanctions due to spoliation of evidence by Defendant. In 2004, Ronda Nunnally (“Nunnally”), a Lieutenant in the District of Columbia Metropolitan Police Department (“MPD”), filed a