Tagged with: SpoliationSanction


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March 19th, 2018

Court Sides with Defendant Coca-Cola on Most Requests for Further Documents in Simply Orange Marketing Dispute

March 16th, 2018

The United States Supreme Court Hears Oral Arguments in Microsoft Stored Communications Act Case

March 14th, 2018

In Deciding Spoliation Sanctions Motion, Court Determines if Police Defendants Intended to Destroy Cell Phones

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  • ILS Newsletters

    • Latest Trends and eDiscovery Case Law Newsletters
    • Latest Trends and eDiscovery Case Law Newsletters

    Posted on August 8th, 2017 by ilsteam

    Last year, we published a newsletter that provided practitioners a survey of case opinions re how courts adjudicated applications for adverse inference instructions sanctions based upon accusations of ESI/discovery spoliation. Since that newsletter was posted, additional opinions relative to this topic have issued, and so ILS is providing you this update.  Below are summaries of …

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    • Latest Trends and eDiscovery Case Law

    • Video Surveillance

    Posted on June 7th, 2017 by

    In Kennedy v. Supreme Forest Products, Inc., Case No. 14-01851 (D. Conn., May 22, 2017), Plaintiff, a truck driver, sued Defendants, his employers, for violation the Surface Transportation Assistance Act (STAA), based upon allegations that Defendants terminated his employment because he refused to drive trucks that were loaded over the federal weight limit. During his …

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    • Latest Trends and eDiscovery Case Law

    • Sanctions

    Posted on July 22nd, 2016 by

    In Transystems Corp. v. Hughes Associates, Inc., Case No. 14-1541 (M.D.P.A., June 30, 2016), Plaintiff settled with one party in a contract and indemnification action arising from a construction project, and later sued Defendant regarding the same project. Between the time of the settlement and the initiation of the instant matter, Plaintiff closed one of its …

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    • Forensics

    • Latest Trends and eDiscovery Case Law Newsletters

    • Litigation Holds

    Posted on May 23rd, 2016 by

    Plaintiff ESI and Employer Electronic Data at Issue Employment law cases, whether they are individual or class action lawsuits, will almost invariably involve eDiscovery. In some situations, employees’ computers, hard drives, flash drives and mobile devices may be requested for production and/or forensic imaging. Additionally, employees need to request a litigation hold for all relevant …

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    • Latest Trends and eDiscovery Case Law

    • Spoliation

    Posted on April 15th, 2016 by

    In the trademark infringement case Internmatch, Inc. v. Nxtbgthing, LLC, et. al., Case No. 14-05438 (N.D. Cal., Mar. 28, 2016), Plaintiff filed a motion for terminating sanctions against Defendants, alleging that Defendants intentionally destroyed electronic versions of documents that demonstrated their alleged use of the disputed trademark. The spoliation motion included documents from the individual …

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