Archive: January 18, 2007

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Court Rejects Spoliation Claim Based on Alleged Failure to Preserve Chat Room Comments

Court Rejects Spoliation Claim Based on Alleged Failure to Preserve Chat Room Comments

Malletier v. Dooney & Bourke, Inc., 2006 WL 3851151 (S.D.N.Y. Dec. 22, 2006)

In this trademark infringement case, plaintiff sought an array of preclusive sanctions against defendant for alleged discovery misconduct. Specifically, plaintiff argued that defendant did not make complete or timely searches for certain categories of documents and e-mails. It also contended that defendant did not give adequate instructions to its employees to preserve documents and that it improperly deleted e-mails from a customer relations chat room that might have been a source of pertinent information. Read More

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