Related By Tag: failure to preserve

Loest & McNamme v. Camera / Broadbent Selections

Plaintiff’s counsel filed a Motion for Sanctions against Defendants Katherine Camera, an individual, and Broadbent Selections, Inc. Defendants’ Counsel Mr. Joseph Marconi and Mr. Victor J. Pioli of Johnson & Bell LTD. successfully defeated those allegations using analysis of Forensicon’s Senior Examiner, Yaniv Schiff.

Merck Eprova AG v. Gnosis SPA

Court Grants Plaintiff’s Motion for Sanctions Due to Discovery Deficiencies 2010 U.S. Dist. LEXIS 38867 (S.D.N.Y. April 20, 2010) On plaintiff’s motion for sanctions due to discovery deficiencies, the Southern District of New York imposed a $25,000 fine on a litigant whose failure to properly install a litigation hold and conduct appropriate searches for relevant[…Read More]

Allstate Insurance v. St. Anthony’s Spine & Joint Inst

Defendant’s Failure to Maintain Electronic Records Suggests Negligent Spoliation 2010 U.S. Dist. LEXIS 11475 (N.D. Ill. 2010) In a case brought by an insurance company alleging fraud in insurance claims, the defendant’s failure to maintain electronic patient records was enough to defeat his motion for summary judgment on a charge of negligent spoliation. The insurance[…Read More]

Andrew Corp. v. Cassinelli

Non-Compliance with Employment Agreement Causes Competitor to Shoulder Costs 2009 U.S. Dist. LEXIS 22105 (N.D. Ill. 2009) During an employment dispute in which an employer alleged a breach of a confidentiality agreement, the Northern District of Illinois found the defendant’s forensic analysis insufficient for its failure to report a list of responsive files. After the[…Read More]

Genworth Fin. Wealth Mgmt., Inc. v. McMullan

Defendants Ordered to Pay Majority of Imaging Costs Due to Willful Spoliation 2010 U.S. Dist. LEXIS 53145 (D.Conn. 2010) On plaintiff’s motion to compel, the District Court for the District of Connecticut ordered the defendant employees to submit their personal computers to a neutral computer expert for mirror imaging and to pay 80% of the[…Read More]

Grubb v. University of Illinois

University’s Motion for Sanctions for Spoliation was Unsuccessful 2010 U.S. Dist. LEXIS 78485 (N.D. Ill. August 4, 2010) A university’s motion for sanctions for spoliation of evidence was unsuccessful when it failed to show the spoliating party’s bad faith. Plaintiff John Grubb, a professor at the University of Illinois College of Dentistry (UIC), was terminated[…Read More]

Pinstripe, Inc. v. Manpower, Inc.

On Oct. 25th, 2007, Pinstripe filed suit against Manpower, Inc. and IBM for breach of contract. Attorneys for Manpower immediately drafted a litigation hold, but in January 2009, in-house counsel the company had failed to issue the hold. Further investigation revealed that two employees may have deleted pertinent email data. Forensicon was hired to conduct[…Read More]

Ranta v. Ranta

Party Ordered to Stop Using Laptop and Turn It Over to the Court 2004 WL 504588 (Conn. Super. 2004) In a divorce proceeding, the judge ordered the plaintiff “to stop using, accessing, turning on, powering, copying, deleting, removing or uninstalling any programs, files and or folders, or booting up her laptop computer.” The court order[…Read More]