Tag: Dismissal

1
Gunter v. Alutiiq Advanced Security Solutions, LLC (D. Md. 2021)
2
Charter Communications Operating, LLC v. Optymze, LLC (Del. Ch. 2021)

Gunter v. Alutiiq Advanced Security Solutions, LLC (D. Md. 2021)

Key Insight: Defendant alleged that Plaintiff altered the wording of text messages and fabricated a series of text messages. Plaintiff also failed to produce relevant text message and falsely testified that such messages did not exists which was proved by a later forensic review. The Court had serious doubts regarding the text messages at issue. Plaintiff has no explanation for why his cellphone contains some text messages but not others. For these reasons, the Court ruled the text messages could not be used as evidence and the cost of the forensic review of the cell phone would be shifted to Plaintiff. However, the case would not be dismissed as there was not the “clear evidence necessary to conclude that Plaintiff fabricated the text messages.”

Nature of Case: Employment Discrimination

Electronic Data Involved: Text Messages

Case Summary

Charter Communications Operating, LLC v. Optymze, LLC (Del. Ch. 2021)

Key Insight: Defendant committed serious misconduct sufficient to justify dismissal of its counterclaims under Rule 41(b). Defendant refused the reasonable request for native files exchanged via Microsoft Teams. Defendant produced individual emails containing each message. In this format, the messages could not be reassembled into complete conversations. Defendant was compelled to produce the native files which revealed extensive spoliation of evidence. Defendant edited numerous chat messages in an effort to hide instructions to employees to take actions that violated court orders. Because all of the unaddressed misconduct related to Defendant’s counterclaims, dismissal of those counterclaims with prejudice and award of fees and expenses is an adequate remedy.

Nature of Case: Breach of Contract

Electronic Data Involved: Instant message

Case Summary

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