Archive: October 8, 2009

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Court Denies Request for Adverse Inference Absent Demonstration that Lost Emails were Favorable to Plaintiff

Court Denies Request for Adverse Inference Absent Demonstration that Lost Emails were Favorable to Plaintiff

Scalera v. Electrograph Sys., Inc., 2009 WL 3126637 (E.D.N.Y. Sept. 29, 2009)

Despite finding that “Defendants have unquestionably breached a duty to preserve emails in this case,” the court denied plaintiff’s motion for an adverse inference instruction where “Plaintiff ultimately failed to demonstrate that any destroyed emails would have been favorable to her position.”

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