Hubbard v. Crow is a recent federal case highlighting complex issues at the intersection of technology and the law, particularly regarding the preservation and production of electronic evidence under Rule 37 of the Federal Rules of Civil Procedure.
The case centered on a dispute over plaintiffs’ alleged failure to produce an unedited podcast recording, which
Plaintiff–Appellant Richard Hoffer sued the city of Yonkers, the Yonkers Police Department, and various individual police officers under 42 U.S.C. § 1983, alleging the officers used excessive force when arresting him. After trial, the jury returned a verdict in the officers’ favor. Hoffer appealed the judgment, arguing the district court erred in denying his request
Prior posts have discussed sanctions generally, as well as decisions analyzing the particulars of the operative rules (see November 2024 and December 2023 posts), but today’s blog discusses considerations for when, during a litigation, is the proper time to file a spoliation motion.
District Judge Iain Johnston’s[1] decision in Groves, Inc. v R.C. Bremer
Pending in the Southern District of Ohio, Safelite Group, Inc., v Nathaniel Lockridge et. al. reminds counsel of the importance of being active in the preservation process and reminds litigants of the importance of preserving text messages.
Background
Nationwide auto glass repair and replacement provider Safelite Group, Inc. employed defendant Nathaniel Lockridge, and in 2020
One court recently held that the failure to produce a privilege log for responsive documents withheld from discovery resulted in a waiver of privilege and warranted sanctions under Rule 37(b)(2). Coker, et al. v. Goldberg & Associates P.C., et al., 2024 WL 263121 (S.D.N.Y. 2024). This case is an important reminder to practitioners.
Facts
In Miramontes v. Peraton Inc., an employment discrimination case, plaintiff moved for sanctions against defendant for its failure to preserve text messages and a skills assessment related to plaintiff’s performance. Plaintiff – a senior supply chain business partner manager – was a 27-year employee of Prospecta when the company was acquired by defendant
Factual Background
Plaintiffs are former employees of Federal Reserve Bank of New York (Federal Reserve) whose employment was terminated when they refused to comply with Defendant’s requirement that its employees be vaccinated against Covid-19. Dkt. No. 24. Plaintiffs alleged that their terminations violated the Religious Freedom Restoration Act; the Free Exercise Clause of the First
In Seattle Tunnel Partners v. Great Lakes Reinsurance (UK) PLC, __ P.3d __ (Wash. Ct. App. Mar. 27, 2023), the Washington Court of Appeals, Division 1, discusses the evolution of Washington case law on spoliation of evidence and details the circumstances justifying the imposition of spoliation sanctions in the jurisdiction. Interestingly, the parameters
The Court’s statutory and inherent authority to impose sanctions for eDiscovery spoliation remains important for the administration of justice and judicial case management. However, sanctions a court imposes to remediate discovery misconduct when a party fails to preserve potentially relevant information and that failure is shown to have been an intentional act to deprive the
In an action alleging breach of a commercial equipment lease agreement (Interpool, Inc., v JJS Transportation & Distribution Co., Inc.), the District Court for the Eastern District of New York was called upon to address Defendant’s ongoing discovery failures. Specifically, Defendant – for more than three months – failed to produce documents responsive