Archive - January 4, 2017

1
Perez v. KDE Equine, LLC, No. 3:15-cv-00562 (W.D. Ky. Jan. 4, 2017).
2
Helget v. City of Hays (10th Cir., 2017)

Perez v. KDE Equine, LLC, No. 3:15-cv-00562 (W.D. Ky. Jan. 4, 2017).

Key Insight: Interrogatories asking for evidence proving or disproving engagement in interstate commerce are improper due to requesting conclusions of law.

Nature of Case: fair labor standards act violations

Keywords: interstate commerce

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Helget v. City of Hays (10th Cir., 2017)

Key Insight: Measures to cure prejudice should be no greater than necessary, but if a party acts with intent to deprive, the court may presume unfavorability, issue an adverse inference, or dismiss and enter a default. You must raise your spoliation motions before summary judgment is ruled on.

Nature of Case: Unlawful termination

Electronic Data Involved: relevant electronic communications and documents

Keywords: prejudice, spoliation, intent to deprive, adverse influence

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