Archive: March 31, 2006

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Finding Terminating Sanctions Against Defendant “A Close Call,” Court Imposes Negative Inferences for Bad Faith Spoliation of Damaging Email, Awards Attorneys’ Fees and Costs, and Issues Stern Warning

Finding Terminating Sanctions Against Defendant “A Close Call,” Court Imposes Negative Inferences for Bad Faith Spoliation of Damaging Email, Awards Attorneys’ Fees and Costs, and Issues Stern Warning

Adams v. Gateway, Inc., No. 2:02-CV-106 TS (D. Utah Mar. 6, 2006) (memorandum decision and order on de novo review of magistrate judge’s reports and recommendations and imposing sanctions)

In this patent case, the U.S. District Court judge adopted two (sealed) Reports and Recommendations prepared by the magistrate judge which found that the defendant had spoliated and failed to disclose evidence, and recommended the imposition of sanctions. Issued under seal on March 6, 2006, the court’s decision adopting the magistrate’s recommendations was unsealed on March 22, 2006. Read More

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