Archive - March 29, 2018

Scalpi v. Amorim (S.D. N.Y., 2018)

Mar 29 2018

Key Insight: Expert opinion re spoliation is discarded. Spoliation motion denied since plaintiff has not shown that there was intent to deprive or that she has suffered any prejudice.

Nature of Case: Excessive force

Electronic Data Involved: Video of the subject of litigation

Keywords: spoliation, intent to deprive, prejudice, expert, affidavit, sanctions

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Mid-Atlantic Framing v. AVA Realty Ithaca, LLC (N.D.N.Y., 2018)

Mar 29 2018

Key Insight: Willfull failure to produce records in discovery; Adverse inferences

Nature of Case: Contract

Electronic Data Involved: ESI

Keywords: Summary Judgment; Spoliation; Sanctions; Bad Faith; Mechanics lien; discovery delay; failure to produce records

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