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 ...

A potential pitfall in navigating a litigated, or potentially litigated claim, is not properly preserving evidence. Attorneys and parties must preserve potentially relevant evidence when they know or ...

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 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 ...

A short excerpt from Thursday's 76-page decision by Judge Jessica Clarke (S.D.N.Y.) in Doe v. Black (see also this ...

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 ...

Venable offices in Washington, D.C. October 24, 2014. Photo by Diego M. Radzinschi/THE NATIONAL LAW JOURNAL.[/caption] This story was originally published in the Connecticut Law Tribune. In new court ...

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 ...

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 [ ...

Often taken for granted as admissible evidence (which may not be the case), helpful guidance can be found in the motion court decision in I.M. Operating v. Younan on the admissibility of voicemail ...

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