Blogs about: Duty To Preserve
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Case Summary: Scalera; Triggering Mechanism for Litigation Holds
Scalera v. Electrograph Sys., 2009 U.S. Dist. LEXIS 91572 (E.D.N.Y. Sept. 29, 2009). Status: Plaintiff, an individual, sought sanctions against Defendants (a company and two individuals) for spoliatio… more →
Post Process
Discovery Games in Gaming Litigation
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wrote 1 week ago: Discovery games were taking place in a gaming case in Mississippi. The Plaintiffs brought a motion … more →
Case Summary: Scalera; Triggering Mechanism for Litigation Holds
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wrote 3 weeks ago: Scalera v. Electrograph Sys., 2009 U.S. Dist. LEXIS 91572 (E.D.N.Y. Sept. 29, 2009). Status: Plainti … more →
Case Summary-ME: Parlin; Spoliation not an Independent Cause of Action in Maine
wrote 1 month ago: Parlin v. Cumberland County, 2009 U.S. Dist. LEXIS 83192 (D. Me. Sept. 11, 2009) District Court of M … more →
BlackBerry Boo-Boos: How to Get the Judge to Text You Adverse Inference Instructions
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wrote 2 months ago: Southeastern Mechanical Services, Inc., v Brody, et al., is the story of how wiping the data off you … more →
Proving Up Destroyed ESI is Favorable to Your Position is Hard to Do
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wrote 2 months ago: In an ADA employment case, the Plaintiff sought spoliation sanctions and an adverse inference instru … more →
A Picture is worth a Thousand Words, but Sanctions are Priceless
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wrote 3 months ago: The Defendants in Green v. McClendon, 2009 U.S. Dist. LEXIS 71860 (S.D.N.Y. Aug. 13, 2009) attempted … more →
Lions, Tigers & Bears: Failing to Preserve ESI, Search Terms and Forensically Imaging Computers
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wrote 3 months ago: In Treppel v. Biovail Corp., 2008 U.S. Dist. LEXIS 25867 (S.D.N.Y. 2008) the Plaintiff brought an ac … more →
Spoliation! A New Drama at the District Courthouse about a Litigation Hold and Missing Electronically Stored Information
wrote 4 months ago: The stage is set: There is a triggering event for a lawsuit, a litigation hold is enacted and eviden … more →
The Missing Link: A Duty to Preservation Imbedded Images & Hyperlinks?
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wrote 5 months ago: Paleontologists have searched for the missing link, the remains of an transitional life form, showin … more →
Invasion of Privacy and Spoliation on MySpace
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wrote 5 months ago: It is true that mass communication is no longer limited to a tiny handful of commercial purveyors an … more →
Spoliation is a “Grimm” Business
wrote 5 months ago: Magistrate Judge Grimm is no stranger to watershed opinions…and on occasion the 100 page a law revie … more →
Case Blurb: Asher Assocs LLC; Role of Intent in Assessing Sanctions
wrote 5 months ago: Common sense suggests that a failure to produce or preserve relevant evidence may involve conduct th … more →
Case Blurb: Asher Assocs LLC; Second Letter with an 'Emphatic Tone' Likely Triggered Duty to Preserve
wrote 5 months ago: Defendant cites my decision in Cache La Poudre Feeds, LLC v. Land O’Lakes, Inc., 244 F.R.D. 61 … more →
Case Blurb: Asher Assocs; Court Expounds upon Duty to Preserve
wrote 5 months ago: In most cases, the duty to preserve evidence is triggered by the filing of a lawsuit. However, the o … more →
Case Blurb: Asher Assocs LLC; Exercise of the Court's 'Inherent Powers' to Sanction Party for Spoliation (10th Cir)
wrote 5 months ago: Plaintiffs correctly note that the court has inherent power to impose sanctions for the destruction … more →
Case Blurb: Asher Assocs LLC; Reason for Existence of Duty to Preserve
wrote 5 months ago: To ensure that the discovery permitted by Rule 26(b)(1) does not become a futile exercise, putative … more →
Case Summary: Phillip M. Adams & Assocs., On Spoliation and Info. Management
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wrote 6 months ago: Phillip M. Adams & Assocs., L.L.C. v. Dell, Inc., 2009 U.S. Dist. LEXIS 26964 (D. Utah Mar. 27, … more →
Litigation Holds, Web 2.0 and e-Discovery at the Arkansas Bar Association Meeting
wrote 6 months ago: I presented at the Arkansas Bar Association in Hot Springs on June 12, 2009. I have presented near … more →
Reckless Abandon: Lost Hard Drives and Sanctions
wrote 6 months ago: In complex commercial litigation today, virtually all discovery involves electronic discovery to som … more →
