Tag: Motion for Sanctions

1
Digital Mentor, Inc. v. Ovivo USA, LLC (Western District of Washington, 2020)
2
Mannion, et al. v. Ameri-Can Freight Systems Incorporated, et al. (district of AZ, 2020)
3
Nguyen v. Costco Wholesale Corp. (District of South Florida, 2020)
4
KCI USA, Inc. v. Healthcare Essentials, Inc., 797 Fed.Appx. 1002 (6th Cir. Jan. 16, 2020).
5
Healthplan Serv., Inc. v. Dixit, et al (M.D. Florida, 2019)
6
Center for Auto Safety et al. v. Goodyear Tire & Rubber Company (Arizona Court of Appeals, 2019)
7
Estate of Felipe A. Radelat (Tex. App., 2019)
8
Schmidt v. Shifflett, 1:18-cv-00663-KBM-LF (D.N.M. Aug. 6, 2019).
9
Montoya v. Loya Insurance Company (District of New Mexico, 2019)
10
Guarisco v. Boh Brothers Construction, No. 18-7514 (E.D. La. Oct. 3, 2019).

Digital Mentor, Inc. v. Ovivo USA, LLC (Western District of Washington, 2020)

Key Insight: Failure to produce; Sanctions; Proportionality

Nature of Case: Trademark & Copyright infringement

Electronic Data Involved: Hard copy; correspondence; email

Keywords: “Functional employee”; Consultant; Third-party communications; Privilege; Spoliation; Unfair prejudice; Attorney’s fees and costs; Proportionality; Access/Resources;

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Mannion, et al. v. Ameri-Can Freight Systems Incorporated, et al. (district of AZ, 2020)

Key Insight: whether the issue of spoliation could be brought before the jury to decide if evidence was withheld and if that was justified

Nature of Case: personal injury, motor vehicle

Electronic Data Involved: Log books of defendant

Keywords: spoliation, jury instruction, question of law/fact

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KCI USA, Inc. v. Healthcare Essentials, Inc., 797 Fed.Appx. 1002 (6th Cir. Jan. 16, 2020).

Key Insight: Former attorneys sanctioned (firm and individually) for discovery failures during representation. Court determined they had been denied due process and sanctions should not have been imposed.

Nature of Case: Trade Practices, Unfair Competition, Tortious Interference

Electronic Data Involved: Various Items in Discovery

Keywords: discovery sanctions, individual attorneys, due process, notice

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Center for Auto Safety et al. v. Goodyear Tire & Rubber Company (Arizona Court of Appeals, 2019)

Key Insight: defendants perpetrated fraud and acted in bad faith when not disclosing test results of defective product

Nature of Case: product liability

Electronic Data Involved: product test results that were not disclosed

Keywords: fraud, bad faith, disclosure, confidentiality

Identified Local Court Rule(s): Maricopa county local practice rule 2.19, 5.4

Identified State Rule(s): 26(c)(1), 26(c)(1)(G), 26(c)(4)(A)

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Estate of Felipe A. Radelat (Tex. App., 2019)

Key Insight: Sanctions, Efforts to Thwart discovery, Fraudulent Concealment

Nature of Case: Estates and Trusts

Electronic Data Involved: Hard copy

Keywords: fraudulent concealment, Statute of Limitations, Sanctions, Violation of Court Orders, Failure to produce, Death Penalty sanction, Obstruction, Temporary injunction, Deception of the Court

Identified State Rule(s): Tex. R. Civ. P. 199.3; Tex.R. Civ. P. 176 .8 (a)

Schmidt v. Shifflett, 1:18-cv-00663-KBM-LF (D.N.M. Aug. 6, 2019).

Key Insight: Severe sanctions will not be granted where bad faith cannot be proved and no prejudice.

Nature of Case: Automobile collision.

Electronic Data Involved: Mobile phone data.

Keywords: intentional destruction, adverse inference

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Montoya v. Loya Insurance Company (District of New Mexico, 2019)

Key Insight: is it spoliation for an insurance company to destroy a recorded statement of the accident when the loss of the information is minimally prejudicial

Nature of Case: insurance bad faith

Electronic Data Involved: Audio Recordings, recorded statement

Keywords: recorded statement, prejudice, spoliation

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Guarisco v. Boh Brothers Construction, No. 18-7514 (E.D. La. Oct. 3, 2019).

Key Insight: Party could still be sanctioned to pay expert fees where party unsuccessfully altered evidence.

Nature of Case: Automobile accident.

Electronic Data Involved: Photographs and videos.

Keywords: “altering” “deleting” “deliberate[ly]” “computer scientist” “Facebook post”

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