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Court Sanctions Wells Fargo For Failure to Obey an ESI Discovery Order
In United States District Court, E.D., California case Bird v. Wells Fargo Bank, (Case No. 1:16-cv-01130-DAD-EPG), Plaintiff Kimberly Sue Bird (“Plaintiff”) has filed a motion to compel and for sanctions contending in part that Defendant Wells Fargo Bank (“Defendant”) failed to comply with the Court’s March 31, 2017 discovery order.
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Willful Discovery Misconduct Results in Default Judgment in Successor Liability
Arrowhead Capital Finance, Ltd. v. Seven Arts Entertainment, Inc. et. al., Case No. 14-6512 (S.D.N.Y., May 2, 2017) is a successor liability case brought by Plaintiff, a lender, against Defendants, two related film companies that are the alleged successors to a loan obligation and subsequent judgment in favor of Plaintiff.
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Defendant Sanctioned for Loss of ESI Transferred in the Sale of a Related Business
ILWU-PMA Welfare Plan Board of Trustees et. al. v. Connecticut General Life Insurance Company et. al., Case No. 15-02965 (N.D. Cali., Jan. 24, 2017) is an ERISA action brought by Plaintiffs against Defendants based upon an arrangement by which Defendants provided Plaintiffs with auditing and discount negotiation services for claims
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Boeing Sanctioned for ESI Spoliation in Aircraft Industries Case
In Alabama Aircraft Industries, Inc. et. al. v. The Boeing Company et. al., Case No. 11-03577 (N.D. Ala., Mar. 9, 2017), Plaintiffs sued Defendants for use of proprietary information to outbid Plaintiffs on a contracting project. Plaintiffs have performed programmed depot maintenance for the U.S. Air Force’s KC-135 Stratotanker fleet
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Plaintiff Sanctioned for Deleting Emails to Defendant’s Competitors
Cohn et. al. v. Guaranteed Rate, Inc., Case No. 14-9369 (N.D. Ill., Dec. 8, 2016) involves a series of business torts. Plaintiff Cohn was hired by Defendant, which also purchased the assets of Cohn’s company, Plaintiff Manhattan Mortgage Company. Plaintiff executed an employment agreement prohibiting her from using or disclosing
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District of Columbia, Other Defendants Sanctioned for Failure to Disclose Data in Civil Rights Case
Smith v. District of Columbia, et. al., Case No. 15-161 (District of Columbia, Dec. 6, 2016) is a civil rights case brought by Plaintiff against the District and its Department of Corrections, as well as two corrections officers, for detaining Plaintiff unlawfully for 23 days after he was ordered to
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District Judge Vacates Magistrate’s Order Sanctioning Bad Faith Alteration of Documents
In Huang v. Lin et. al., Case No. 14-7204 (E.D. N.Y., Nov. 23, 2016), Plaintiff, a former employee of Defendants, sued Defendants for wage and hour claims under the Fair Labor Standards Act. During discovery, Defendants produced documents purporting to be Plaintiff’s weekly pay stubs. Plaintiff, concerned that the documents
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Court Sinks FRCP 37 Spoliation Motion Where Hard Drive Containing Purported Photos Goes Down With Barge
Richard et. al. v. Inland Dredging Company, LLC, Case No. 15-0654 (W.D. La., Sept. 29, 2016) is a case filed by an injured crane operator, and his wife and child. The plaintiff worker fell from the crane due to gaps in the steps and lack of a handrail on
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Court Denies Plaintiff’s Spoliation Motion After Missing Video is Found
In Palmer v. Allen, et. al., Case No. 14-12247 (E.D. Mich., Sept. 28, 2016), Plaintiff sued the police department for the city of Ecorse, Michigan, as well as police officers Allen and Trevino, after an incident during a traffic stop. Plaintiff was the passenger in a vehicle that was pulled
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Court Gives Defendant Opportunity to Locate Missing ESI Before Considering Spoliation Sanctions
In G.P.P., Inc. v. Guardian Protection Products, Inc., Case No. 15-00321 (E.D. Cal, Jul. 7, 2016), a contract and business tort action related to a 1988 contract, the parties encountered engaged in several discovery disputes, including a dispute over possibly missing electronically stored information (ESI) held by Defendant’s employee Darin Lease.