Archive - August 8, 2018

1
LaFerrera v. Camping World RV Sales of Birmingham (Eastern District of Texas, 2018)
2
Beck v. Access E Forms, LP. (Eastern District of Texas, 2018)

LaFerrera v. Camping World RV Sales of Birmingham (Eastern District of Texas, 2018)

Key Insight: Spoliation claims should be brought up during discovery as a motion to compel, not summary judgment, spoliation also requires an intent to deprive

Nature of Case: Product defect

Electronic Data Involved: Electronic car records

Keywords: spoliation, summary judgment, camping world, motor home

View Case Opinion

Beck v. Access E Forms, LP. (Eastern District of Texas, 2018)

Key Insight: A 16 minute speculative phone call to an attorney is not enough to create a duty to preserve, direct evidence of bad faith is also necessary

Nature of Case: Employee overtime wages

Electronic Data Involved: Deleted e-mails

Keywords: Spoliation, FLSA, overtime

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