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Trashed: Defendant sanctioned for spoliation of evidence
A federal court granted a motion for sanctions against a defendant truck driver who deleted data on a personal tablet that was mounted on his windshield when an accident occurred. The court found the driver “had a duty to preserve the data on his personal tablet” as “he reasonably anticipated litigation because Plaintiff’s counsel sent […]
‘Lost and irreplaceable’: Employee sanctioned over spoliation
A federal court has sanctioned an employee who deleted electronically stored information, or ESI, from his former employer’s computers after receiving a litigation hold letter when he was fired for starting a competing company with several co-workers. Judge Roderick C. Young of the Eastern District of Virginia rejected the employee’s argument that his former employer’s […]
No spoliation inference absent evidence ESI was lost
A request for a spoliation inference in the absence of evidence that electronically stored information, or ESI, was not produced has been rejected by a U.S. District Court judge. During discovery in a trademark case, defense counsel received an email from their client lamenting their unawareness of the need to print or save company emails […]
Spoliation prompts dismissal as sanction
An insurance company’s bid to recover payments for a fire loss was thrown out of court this month because the company failed to preserve the fire scene. U.S. District Judge Michael F. Urbanski of Roanoke said he dismissed the insurer’s lawsuit against a power company as a sanction for spoliation of evidence. The insurance company’s […]
Judge tags dentist $140K for deleting evidence
In a court battle in which one dentist is suing another for defamation and for firing him, a circuit judge has ordered the defendant dentist to pay $140,554.65 in attorneys’ fees and costs for deleting digital records requested in discovery. Fairfax County Circuit Judge Michael F. Devine said he also would instruct the jury they […]
Verdicts & Settlements
- Jury reaches defense verdict in $4M med mal action
- Dental hygienist tripped, fractured right wrist, foot — $190,000 settlement
- Couple contracted Hepatitis A after dining at restaurant — $5.5M settlement
- Elderly man suffers hip fracture after attack by neighbor’s dog — $350,000 settlement
- Motorcyclist injured when vehicle abruptly changed lanes — $300,000 verdict
- Passenger ejected from car in high-speed chase crash — $685,000 settlement
- Defense verdict reached in fraud suit
- 8-year-old killed in crash involving tractor-trailer — $1,100,000 settlement
- Plaintiff conceived child after vasectomy — $250,000 settlement
- Delay in diagnosis of ectopic pregnancy led to surgery — $283,432.18 settlement
- Golfer stepped in sinkhole, fractured ankle — $442,000 verdict
- Jury sides with woman injured in rear-end collision — $300,000 verdict
Viewpoint
- The promise and peril of artificial intelligence in patent law
- Keys to becoming an unfrazzled lawyer
- Confused about federal COVID-19 emergencies ending? You’re not alone
- Generative AI in law: New survey of lawyer perspectives and plans
- Four misconceptions about appeals
- Font choice exposes fabricated document
- USPTO launches first-time filer expedited exam pilot program
- In times of crisis, the ‘tug of war’ is over
- The ever-evolving Fourth Circuit
- Federal protections for pregnant, nursing employees coming
- It’s time for employers to embrace the ‘Big Quit’ and adapt
- Tell the whole truth? I’ll do better than that
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