Archive: February 8, 2016

1
Thomley v. Bennett (S.D. Ga., 2016)
2
Malibu Media, LLC v. Doe (Northern District of Illinois Court, 2016)
3
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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