Deleted Facebook Posts And Texts Cause Trouble For Employment Discrimination Plaintiff

In Painter v. Atwood, a Nevada case from last month, the plaintiff alleges that Dr. Atwood, her former boss, “climbed on top of her with his pants undone and held her down.” In a subsequent deposition, defendant “stated that he was only attempting to tickle Plaintiff and that the sexual nature of their...

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Missing Emails Lead To Sanctions – Simply Not Knowing How Emails Work Is Not A Valid Defense

Apr 07, 14 Missing Emails Lead To Sanctions – Simply Not Knowing How Emails Work Is Not A Valid Defense

Posted in eDiscovery, Litigation, Preservation, Spoliation

Riley v. City of Prescott is an interesting case focused on employment law, where the plaintiff alleges that she was terminated from her job as retaliation for her organizing a protest against some government officials. You can read the full facts, plus a detailed analysis as to whether her firing passes Constitutional muster, in...

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Data Manipulation And Attempt To Conceal Computer Lead To Spoliation Sanctions

Apr 03, 14 Data Manipulation And Attempt To Conceal Computer Lead To Spoliation Sanctions

Posted in eDiscovery, Spoliation

By IT-Lex Intern Kristin Bergman (Twitter / LinkedIn) When judges says “all,” they really mean all. So when a judge orders access to all of your computers, it would be in your best interest not to try to hide some of them. Now, the defendants in T&E Investment Group, LLC v. Faulkner were fairly clever in their attempts to hide...

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Why Should Plaintiffs Have All The Fun? Defendant’s Spoliation Counterclaim Allowed To Proceed

Mar 31, 14 Why Should Plaintiffs Have All The Fun? Defendant’s Spoliation Counterclaim Allowed To Proceed

Posted in eDiscovery, Spoliation

Last month, a court in Ohio issued an opinion and order in Zecotek Imaging Systems PTE Ltd. v. Saint-Gobain Ceramics & Plastics, Inc. The case is a patents dispute, but one of the claims involved spoliation. Specifically: Defendants further claim that Zecotek, who “knew at least as early as 2007 that it was...

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No Sanctions For Deleted Audio Recordings Without Evidence Of Bad Faith

Mar 05, 14 No Sanctions For Deleted Audio Recordings Without Evidence Of Bad Faith

Posted in eDiscovery, Spoliation

By IT-Lex Intern Kristin Bergman (Twitter / LinkedIn) Spoliation seems to be coming up a lot lately—we’ve written about it twice in the last two weeks (and, yes, it’s okay if saying “spoliation” so many times makes you cringe). In Sokn v. Fieldcrest Cmty. Unit School District No. 8, a female principal (Sokn) alleges employment...

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Failure To Preserve Relevant Text Messages Leads To Adverse Inference Instruction

Feb 26, 14 Failure To Preserve Relevant Text Messages Leads To Adverse Inference Instruction

Posted in eDiscovery, Preservation, Spoliation

By IT-Lex Intern Kristin Bergman (Twitter / LinkedIn) Even if it’s not a conscious decision, as we’ve recognized before, few things look more suspect than the selective deletion of text messages. In Polo-Calderon v. Corporacion Puertorriqueña de Salud, a court in Puerto Rico recently sanctioned the plaintiff for failing to preserve...

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