Archive: January 7, 2010

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Appellate Court Affirms Order Allowing Plaintiff’s Expert to Image Defendants’ Hard Drives to Support Claims of Spoliation and Fraud

Appellate Court Affirms Order Allowing Plaintiff’s Expert to Image Defendants’ Hard Drives to Support Claims of Spoliation and Fraud

Cornwall v. N. Ohio Surgical Ctr., 2009 WL 5174172 (Ohio. Ct. App. Dec. 31, 2009)

In this wrongful death litigation, the trial court granted plaintiff’s motion to allow his forensic expert to create a mirror image of defendants’ hard drives.  Plaintiff asserted that examination of the drives would reveal evidence of defendants’ willful alteration or deletion of relevant evidence.  The court granted the motion despite defendants’ objections that such access would violate statutory and common law prohibitions against the disclosure of confidential medical information and that such access was not authorized under Fed. R. Civ. P. 34.  Defendants appealed.  On appeal, the order of the trial court was affirmed.

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