Panos v. Timco Engine Ctr., Inc., 2009 WL 1658416 (N.C. Ct. App. June 16, 2009)

Key Insight: Appellate court affirmed trial court?s grant of summary judgment to plaintiff despite defendant?s accusations of spoliation and request for an adverse inference instruction where precedent established that the imposition of an adverse inference was permissive and not mandatory and that it was improper to base the grant or denial of summary judgment on evidence of spoliation, among other principles of law, and where defendant failed to identify any information destroyed by plaintiff that could support it?s claims and presented no independent evidence in support of its claims or alleged damages

Nature of Case: Misappropriation of trade secrets

Electronic Data Involved: ESI