Archive - February 8, 2016

Thomley v. Bennett (S.D. Ga., 2016)
Malibu Media, LLC v. Doe (Northern District of Illinois Court, 2016)
InternMatch, Inc. v. Nxtbigthing, LLC (N.D. Cal., 2016)

Thomley v. Bennett (S.D. Ga., 2016)

Key Insight: whether defendants acted with prejudice in not preserving “loop type system” video footage; whether spoliation sanctions apply for destroyed evidence

Nature of Case: Eighth Amendment claims for deliberate indifference and excessive force (cruel and unusual punishment)

Electronic Data Involved: medical records

Keywords: spoliation, preserve, prejudice, intent, bad faith, loop type system

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InternMatch, Inc. v. Nxtbigthing, LLC (N.D. Cal., 2016)

Key Insight: Failure to preserve relevant evidence.

Nature of Case: Trademark ownership dispute.

Electronic Data Involved: Defendants discarded computers, following an alleged power surge which “fried” data.

Keywords: Defendants “willfully spoliated evidence” and the “extraordinary measures Batterman undertook to mislead opposing counsel and the Court merit a finding of bad faith.”

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