Cross Spoliation Claims for Lost Video & Witness Statements

In Patel v. Havana Bar, 2011 U.S. Dist. LEXIS 139180  (E.D. Pa. Dec. 2, 2011), both parties were accused of spoliation. The underlining facts involved the Plaintiff attending an engagement party at the Defendant’s restaurant/bar and falling off a two-story balcony. Defendants’ Spoliation The allegations against the Defendant involved the[…]

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Nothing Says “Bad Faith” Like Throwing a Laptop off a Building

Is entering a default judgment against a party for destroying a laptop excessive and unduly harsh?  Not in Utah.  Daynight, LLC v. Mobilight, Inc., 2011 UT App 28, P2 (Utah Ct. App. 2011). Daynight involved a destroyed laptop and what was the appropriate sanction for the destruction of evidence.  Certainly[…]

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When HR Pros Go Bad: Spoliation & Personal Identifiable Information

A HR professional emailed to his home computer the personnel files of 68 employees when he feared layoffs were coming.  That is only the beginning of a really ugly fact pattern. The data included past and current employee names, social security numbers, date of births, compensation, and addresses.  The former employer[…]

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The Low Speed Chase that Gives Us Admissible Cell Phone Photo after a Warrantless Search

A police officer stopped a car driving with a flat tire, cracked windshield and its bright lights on.  People v. Gorostiza, 2009 Cal. App. Unpub. Lexis 9494 at *1.   The passengers might have been hoping, “There is nothing to see here.”  After stopping the car with the Defendant and two passengers,[…]

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