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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...

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Evidence – 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.

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Evidence – 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...

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Environmental – 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...

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Evidence – 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...

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Judge: 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...

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Evidence – 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....

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Habeas 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...

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Insurance – 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....

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Evidence – 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...

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