Tag:Motion for Sanctions

1
Iris Mediaworks, Ltd. v. Vasisht (Sup. Ct. N.Y., 2017)
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Robinson v. Renown Regional Medical Center (D. Nev., 2017)
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Omnigen Research v. Wang, No. 6:16-cv-00268-MC, 2017 WL 2260071 (D. Or. May 23, 2017)
4
Kennedy v. Supreme Forest (D.Conn, 2017)
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Taylor v. Thrifty Payless, Inc., d/b/a Rite-Aid, No. 16-00474 (D. Or. May 12, 2017)
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Westfield Ins. Co. v. Icon Legacy Custom Modular Homes, 321 F.R.D. 107 (4:15-cv-00539) (M.D. Pa. 2017).
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Distefano v. Law Offices of Barbara H. Katsos, PC (E.D.N.Y., 2017)
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Montgomery v. Iron Rooster, No. RDB-16-3760 (D. Md. May 9, 2017)
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Aronstein v. Thompson Creek Metals (D. Colo., 2017)
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Khatibi v. Bonura (S.D.N.Y, 2017)

Robinson v. Renown Regional Medical Center (D. Nev., 2017)

Key Insight: Motion for sanctions denied since the court found that the loss had been accidental, so no intent. Plus, much of the info likely never existed.

Nature of Case: workplace discrimination/hostile work environment

Electronic Data Involved: Telephone logs and connected data, electronic logs

Keywords: Spoliation, loss of data, equipment failure, recoverable data, sanctions

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Omnigen Research v. Wang, No. 6:16-cv-00268-MC, 2017 WL 2260071 (D. Or. May 23, 2017)

Key Insight: Intentional deletion and refusal to produce evidence leads to default judgment

Nature of Case: Breach of contract

Electronic Data Involved: Electronic data

Keywords: Default judgment, China, termination sanction

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Kennedy v. Supreme Forest (D.Conn, 2017)

Key Insight: sanctions not appropriate for deletion of original recordings, no alteration of originals

Nature of Case: Termination of employment

Electronic Data Involved: audio recordings, transcripts, photographs

Keywords: deletion of original, termination of employment, Best evidence rule

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Taylor v. Thrifty Payless, Inc., d/b/a Rite-Aid, No. 16-00474 (D. Or. May 12, 2017)

Key Insight: Defendant had reviewed video recording twice and did not show area of spill and fall. Deleted recording per their normal 37 day video retention policy. Defendant moved for summary judgment, Plaintiff argued should be sanctioned by not granting order. Judge granted summary judgment.

Nature of Case: Personal Injury

Electronic Data Involved: Video Recording

Keywords: Summary Judgment; Retention Policy

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Westfield Ins. Co. v. Icon Legacy Custom Modular Homes, 321 F.R.D. 107 (4:15-cv-00539) (M.D. Pa. 2017).

Key Insight: Contract was not ambiguous so extrinsic evidence not admissable. Therefore discovery of file was not proportional or calculated to lead to admissable evidence.

Nature of Case: declaratory judgment and bad faith

Electronic Data Involved: underwriters claim file

Keywords: admissability; proportionality; extrinsic evidence

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Distefano v. Law Offices of Barbara H. Katsos, PC (E.D.N.Y., 2017)

Key Insight: To what extent can a party be punished for spoliation under Rule 37(e)? How much does state of mind at the time of spoliation affect the sanction?

Nature of Case: Legal malpractice

Electronic Data Involved: e-mails, electronically-stored records

Keywords: Spoliation sanctions, innocence

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Montgomery v. Iron Rooster, No. RDB-16-3760 (D. Md. May 9, 2017)

Key Insight: Sanctions for spoliation of evidence resulting from good faith destruction of cell phone

Nature of Case: labor violations

Electronic Data Involved: text messages

Keywords: spoliation, smartphone, intent to deprive

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Aronstein v. Thompson Creek Metals (D. Colo., 2017)

Key Insight: Spoliation sanctions denied because the documents still exist, and were only transferred.

Nature of Case: False representation of a company to others and the public

Electronic Data Involved: information from a computer and shared drive

Keywords: Transferrence of ESI, spoliation sanctions,

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