A motion for an adverse inference was denied in Pratt v. Robbins, et al., 2024 WL 234730, Case No. 5:20-cv-170-GCM (W.D. N.C. Jan. 22, 2024) where Defendants failed to preserve or produce a video that ...

Metzler, Timm, Treleven, Pahl, Beck S.C. This Opinion piece appears in the Feb. 22 print edition of Transport Topics. Click here to subscribe today. For any trucking company that becomes the target of ...

In the wake of Judge Shira Scheindlin's 2010 landmark decision in Pension Committee of the University of Montreal Pension Plan v. Banc of America Securities, defining the extent of the duty to ...

A grocery store that deleted surveillance footage of all but about 37 minutes before and 20 minutes after a slip-and-fall spoliated evidence because by that time it had already received a letter from ...

Spoliation of evidence occurs when an individual or entity violates its duty to preserve relevant evidence. A finding of spoliation will often result in the imposition of sanctions and can ...

In Centrifugal Force, Inc. v. Softnet Communications, Inc. (S.D.N.Y May 11, 2011), U.S. Magistrate Judge Gabriel Gorenstein considered a highly fact-intensive case focused on alleged spoliation of ...

Going in for My Spoliation Surgery Tomorrow A trial court had held that nonemergency spinal surgery was “spoliation of evidence” in a case stemming from a spinal injury, because “the preservation of [ ...

The court emphasized that: “A party is not obligated to preserve every shred of a paper, every e-mail or electronic document.” Slip op. at 14-15 and footnote 51. But the party must preserve what it ...

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