Archive: November 10, 2015

1
Evidence and Argument Regarding Spoliation Excluded Absent Evidence of Prejudice and to Avoid “Confusing the Issues”

Evidence and Argument Regarding Spoliation Excluded Absent Evidence of Prejudice and to Avoid “Confusing the Issues”

West v. Talton, No. 5:13-cv-338 (CAR), 2015 WL 6675565 (M.D. Ga. Nov. 2, 2015)

In this case, the court granted Defendants’ motion to exclude “Plaintiff’s use of any argument or evidence of alleged spoliation” where, despite Defendants’ failure to preserve emails from an individual defendant, they were nonetheless able to locate the relevant defendant’s “old computer” and to hire a third party to search for and recover relevant emails and documents from the same.  Thus, the court found that Plaintiff failed to establish prejudice.

Read More

Copyright © 2018, K&L Gates LLP. All Rights Reserved.