A motion for an adverse inference was denied in Pratt v. Robbins, et al., 2024 WL 234730, Case No. 5:20-cv-170-GCM (W.D. N.C. Jan. 22, 2024) where Defendants failed to preserve or produce a video that ...

A grocery store that deleted surveillance footage of all but about 37 minutes before and 20 minutes after a slip-and-fall spoliated evidence because by that time it had already received a letter from ...

Idaho is the latest of several states that now recognize an independent tort against third parties that willfully compromise evidence in an attempt to interfere with a potential civil lawsuit. Courts ...

In Centrifugal Force, Inc. v. Softnet Communications, Inc. (S.D.N.Y May 11, 2011), U.S. Magistrate Judge Gabriel Gorenstein considered a highly fact-intensive case focused on alleged spoliation of ...

Spoliation of evidence occurs when an individual or entity violates its duty to preserve relevant evidence. A finding of spoliation will often result in the imposition of sanctions and can ...

Going in for My Spoliation Surgery Tomorrow A trial court had held that nonemergency spinal surgery was “spoliation of evidence” in a case stemming from a spinal injury, because “the preservation of [ ...

In these days following the high-profile collapse of Enron, litigation involving the company is a hot topic. Allegations of document shredding against Enron and its accountants have made the ...

Although the state of New York is the fourth largest state based on population, its state courts are by far the busiest in the country. It therefore is unsurprising that it is also the state with the ...

The court emphasized that: “A party is not obligated to preserve every shred of a paper, every e-mail or electronic document.” Slip op. at 14-15 and footnote 51. But the party must preserve what it ...

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