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All’s “Well” for Halliburton: No Sanctions Result from BP’s Spoliation Claims

United States District Judge Carl Barbier recently affirmed Magistrate Judge Sally Shushan’s denial of BP’s motion for spoliation sanctions against Halliburton Energy Services, Inc. BP alleged that Halliburton “intentionally destroyed evidence” and “violated the Court’s orders regarding the production of documents.” For

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Posted in Adverse, Articles, attorneys', cooperation, faith, fees, Sanctions, spoliation

Document Preservation: Spoliation and the “Ultimate Sanction”

The proper preservation of electronic data for discovery has become an increasing source of contention between parties. Two recent cases illustrate the importance of mindfully preserving electronic data during discovery.  In Gentex Corp. v. Sutter, No. 3:07-CV-1269, 2011 U.S. Dist. LEXIS

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Posted in Articles, default, evidence, preservation, Sanctions, spoliation

Ensuring Discovery Compliance: Sanctions Relating to Past, Present, and Future Adverse Parties

Monetary sanctions, attorneys fees, and adverse inference jury instructions are the more common type of sanctions imposed on litigants for the spoliation of evidence, or not producing relevant documents. Recently, however, a court has increased the severity and impact of

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Posted in Articles, e-discovery compliance, litigation hold, Sanctions, spoliation

I’m Responsible To Do What? Counsel’s Affirmative Duty To Ensure Compliance With Litigation Holds

A corporate defendant discovers that it will be subject to litigation, yet it actively destroys probative, relevant evidence. Many of us have read, or heard of, opinions where judges have punished a spoliating-defendant by issuing sanctions anywhere from an adverse

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Posted in Articles, duty, preservation, preserve, spoliation

Severe eDiscovery Misconduct: Possible Jail Time for Civil Contempt

“Among the sanctions that this memorandum imposes is a finding, pursuant to Fed. R. Civ. P. 37 (b) (2) (A)(vii), that Pappas’s pervasive and willful violation of serial Court orders to preserve and produce ESI evidence be treated as contempt

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Posted in contempt, CPI, ediscovery misconduct, Sanctions, spoliation, stanley, victor, VSI

Early Dismissal: The Plaintiff’s Destruction of Computer Files Leads to Dismissal as a Sanction

Although the imposition of sanctions for misconduct involving electronic discovery continues to gain momentum, it is still rare that courts turn to the ultimate sanction: the dismissal of a lawsuit. One plaintiff in an Illinois tort case left the court with

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Posted in destroy, dismiss, files, preservation, Sanctions, spoliation
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