Archive - April 27, 2018

Heggen v. Maxim Healthcare Servs., Inc., No. 1:16-cv-00440-TLS-SLC (N.D. Ind. April 27, 2018)

Apr 27 2018

Key Insight: Plaintiff performed “factory reset” on phone, deleting videos; Plaintiff had sent to EEOC, but could not produce e-mail; Was not enough for sanction of dismissal

Nature of Case: Employment Discrimination

Electronic Data Involved: Cell Phone Video

Keywords: Negligent Spoilation; Perjury; Sanctions

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Brown v. Wal-Mart Store (Northern District California, San Jose Division, 2018)

Apr 27 2018

Key Insight: A party’s late disclosure of evidence (while using it as the basis of their own expert opinion) justifies exclusion of that evidence

Nature of Case: Certified class action

Electronic Data Involved: audiovisual recordings, data logs

Keywords: late disclosure, exclusion sanctions, expert discovery cutoff, fact discovery, untimeliness

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