Archive - February 6, 2018

Gipson v. Management & Training Corp., No. 16-CV-624, 2018 WL 736265 (S.D. Miss. Feb. 6, 2018).

Feb 06 2018

Key Insight: Motion (denied) for adverse inference based on alleged spoliation.

Nature of Case: 8th Amendment claims under 42 U.S.C. s. 1983

Electronic Data Involved: surveillance video

Keywords: inherent power, adverse-inference instruction

Feb 06 2018

Key Insight: Rule 37(e) governs, an expert may not opine on what a party may/may not or should/should not have done

Nature of Case: Products liability

Electronic Data Involved: business documents

Keywords: Expert, 37(e), spoliation sanctions