Employment – Age discrimination – Spoliation
Where (1) a jury returned a verdict in favor of a plaintiff on an age discrimination complaint and (2) the trial judge thereafter granted the defendant judgment as a matter of law (pursuant to Rule 50...
View ArticleEvidence – Spoliation
Where two defendants in a wrongful death suit engaged in spoliation of relevant evidence, sanctions are appropriate. The post Evidence – Spoliation first appeared on Rhode Island Lawyers Weekly.
View ArticleEvidence – Spoliation
Where a plaintiff, having brought suit over his termination as a teacher at the defendant private school, has moved to amend his complaint, the amendment should be allowed except to the extent that the...
View ArticleEnvironmental – Oil – Spoliation
Where plaintiffs were found to have discharged oil upon state land, that adjudication was based on sufficient evidence and accordingly must be affirmed. The post Environmental – Oil – Spoliation first...
View ArticleEvidence – Spoliation – Emails
Where plaintiffs have moved to compel discovery of emails that have been destroyed and now exist only on backup tapes, the motion should be denied based on a balancing of the controlling factors. The...
View ArticleJudge: deleted emails need not be restored
The defendants in a foster-care class action should not be ordered to retrieve deleted emails of two former casework supervisors, a U.S. magistrate judge has ruled. The defendants argued that restoring...
View ArticleEvidence – Spoliation – Database
Where plaintiffs have moved for emergency relief claiming spoliation of evidence by the defendant, the defendant has rebutted any inference of spoliation, so the plaintiffs’ motion should be denied....
View ArticleHabeas corpus – Murder – Spoliation – Prosecutorial misconduct
Where a petitioner was convicted of killing his wife, the conviction must be upheld, as (1) there was sufficient evidence of both the cause of death and the defendant’s role as the perpetrator, (2) the...
View ArticleInsurance – Spoliation of evidence – Subrogation
Where a defendant manufacturer has moved to dismiss a plaintiff insurance company’s subrogation complaint, the motion should be allowed because of the insurer’s spoliation of a key piece of evidence....
View ArticleEvidence – Spoliation – Texts
Where a defendant’s business interactions with customers of his former employer, the plaintiff, were in violation of non-competition and non-solicitation obligations in the defendant's contract with...
View Article
More Pages to Explore .....