Archive: June 1, 2012

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“Essentially Non-existent Document Retention Policy” Renders Defendants an “Unreliable Source of Discovery;” Court Grants Sanctions for False Statements, Discovery Violations

“Essentially Non-existent Document Retention Policy” Renders Defendants an “Unreliable Source of Discovery;” Court Grants Sanctions for False Statements, Discovery Violations

Peter Kiewit Sons’, Inc. v. Wall Street Equity Group, Inc., No. 8:10CV365, 2012 WL 1852048 (D. Neb. May 18, 2012)

In this case, the court addressed several motions, including plaintiff’s motion for sanctions.  Upon analysis of the facts presented, the court determined that defendants made repeated misrepresentations to the court; failed to conduct an adequate search for responsive documents; and wrongfully discarded a relevant server, among other things.  Accordingly, the court ordered monetary sanctions, including payment of the costs of a forensic examination, and recommended an adverse inference instruction at trial.

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