Archive - December 22, 2017

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Baher Abdelgawad v. Mark Mangieri (W.D. Pa., 2017)
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Abdelgawad v. Mangieri, CA No. 14-1641 (W.D. Pa. Dec. 22, 2017)

Baher Abdelgawad v. Mark Mangieri (W.D. Pa., 2017)

Key Insight: Party failed to take reasonable steps to preserve ESI, but since plaintiff never made a proportionate measure request to cure the prejudice, and since defendant made good faith attempts to provide access, no spoliation is found.

Nature of Case: breach of fiduciary duty, defamation, trademark

Electronic Data Involved: QuickBook files in digital form + other documents

Keywords: spoliation sanctions, good faith attempt, proportionate measure

View Case Opinion

Abdelgawad v. Mangieri, CA No. 14-1641 (W.D. Pa. Dec. 22, 2017)

Key Insight: spoliation, adverse inference

Nature of Case: breach of fiduciary duty, defamation

Electronic Data Involved: QuickBook files

Keywords: adverse inference, intent to deprive, spoliation, spoliation factors, sanctions

View Case Opinion

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