Bad Faith Spoliation of Critical Emails Warrants Adverse Inference Instruction
Optowave Co., Ltd. v. Nikitin, 2006 WL 3231422 (M.D. Fla. Nov. 7, 2006)
In this breach of contract case, Optowave contended that its contract with defendant Dmitri Nikitin d/b/a Precision Technology Group (“PTG”) incorporated eight certain specifications, and that PTG failed to meet any of the specifications, thereby breaching the contract. During discovery, Optowave sought to compel production of electronic documents and emails regarding the contract. Following oral argument and the parties’ agreement on certain issues raised by the motion to compel, the court scheduled a second hearing on the issue of spoliation of certain internal emails between Nikitin and his employees. Read More