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 ...

This dispute concerned a non-compete agreement that the plaintiffs alleged the defendant breached by establishing a competing business. The defendant denied the existence of relevant texts and email ...

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 ...

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 [ ...

MANY PRODUCT liability attorneys believe that destruction, hiding or alteration of data may take place during discovery but it is hard to "prove" such misconduct in a particular case unless someone on ...

The Court of Appeal, composed of Chief Justice Silvio Camilleri, Mr Justice Tonio Mallia and Mr Justice Joseph Azzopardi in the case “Carmelo and Victoria Calleja v Godfrey and Monica Zammit and Maria ...

Gatt submitted that the element of spoliation fuisse was lacking, as she opened the window in accordance with a permit issued by Mepa. The court, however, pointed out that even if the opening of the ...