Defendant’s Gross Negligence Leads to Adverse Inference Instruction

New York Riley v. Marriott Int’l, 2014 WL 4794657 (W.D. N.Y. Sept. 25, 2014). In this personal injury case, the plaintiffs sought video surveillance and “sweep logs” after one of the plaintiffs slipped and fell in the defendant’s hotel garage. The defendant’s loss prevention manager testified that the area in question was continuously monitored and…

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Court Grants Motion for Spoliation Sanctions Due to Data that is “Less Accessible”

In Mazzei v. Money Store, 01cv5694 (JGK) (RLE) (S.D. N.Y. July 21, 2014), New York Magistrate Judge Ronald L. Ellis granted the plaintiff’s motion for spoliation sanctions against the defendant, ordering the defendant to bear the cost of obtaining all the relevant data in question from a third party as well as paying for plaintiff attorney…

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Counsel’s Failure to Understand Computer Systems

Counsel’s Failure to Understand Computer and Archive Systems Results in Production Delay, Monetary Sanctions New York In re A & M Florida Props. II, 2010 WL 1418861 (Bkrtcy.S.D.N.Y. Apr. 7, 2010). In this bankruptcy litigation, the defendant sought sanctions alleging the plaintiffs and their counsel intentionally obstructed the discovery process by causing misunderstandings and by…

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Appellate Court Upholds Order to Allow Plaintiff Access to Mirror Image of Defendant’s Hard Drive

Texas In re Honza, 2007 WL 4591917 (Tex. App. Dec. 28, 2007)In this real estate litigation, the defendants sought a writ of mandamus to set aside a discovery order requiring them to produce office hard drives for imaging by a computer forensic expert in an effort to locate two particular documents. The defendants objected to…

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Judge Issues Sua Sponte Order Chastising Modern Ediscovery Practices

Here we go again   Iowa Sec. Nat’l Bank of Sioux City, Iowa v. Abbot Laboratories, No. C 11-4017-MWB, 2014 WL 3704277 (N.D. Iowa July 28, 2014). In this product liability case, the court filed a sua sponte order on the “serious pattern of obstructive conduct” exhibited by the defendants by excessive use of “form”…

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Court Denies Forensic Imaging After Parties Do Not Agree to Production at Meet-and-Confer

California Boston Scientific Corp. v. Lee, No. 2041 U.S. Dist. LEXIS 107584 (N.D. Cal. Aug. 4, 2014). In this intellectual property case, the plaintiff corporation alleged that the defendant’s employment with another company breached his confidentiality agreement with the plaintiff and violated trade secret law. At a meet-and-confer, the defendant proposed to give the plaintiff…

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