Archive: December 12, 2005

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Court Finds Failure of Counsel to Determine Existence of Backup Tapes an Unlikely Mistake that Cannot Be Countenanced

Court Finds Failure of Counsel to Determine Existence of Backup Tapes an Unlikely Mistake that Cannot Be Countenanced

Housing Rights Ctr. v. Sterling, 2005 WL 3320739 (C.D. Cal. Mar. 2, 2005)

Plaintiffs sued Defendants alleging housing discrimination as evidenced by a preference for Korean residents. Defendants allegedly committed discovery violations in connection with the ensuing litigation by failing to instigate a litigation hold, destroying relevant documents, and failing to instruct agents to search for responsive materials. Judge Fischer granted Plaintiffs’ motion for an adverse inference jury instruction and other relief. Read More

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