Related By Tag: spoliation

Philip Charvat v. Carnival Corporation – Spoliation Sanctions Denied

Charvat v. Valente, et al. 2015 WL 4037776 (N.D. Ill. July 1, 2015) In July 2012, plaintiff Philip Charvat, on behalf of himself and others, alleged defendant Carnival Corporation withheld documents and engaged in document spoliation after plaintiff sought an order compelling defendant to produce specific documents. Sixteen documents were listed by defendant on a[…Read More]

What Are the Chances of Recovering Deleted Data?

Forensicon’s president Lee Neubecker describes factors that impact the potential for recovering deleted data.  Key factors such as the size and type of media, as well as the percentage of used versus free space available on the hard drive are discussed.  Other factors impacting the prospects for recovery include the level of usage of the[…Read More]

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.

7th Circuit Proposes New Standing Orders for ESI

Beginning October 1st, 2009, the Seventh Circuit Electronic Discovery Pilot Program entered it’s Phase One Implementation and Evaluation period. During the seven months from now until May 1st, 2010, individual Seventh Circuit judges have agreed to adopt new principles concerning the discovery of electronically stored information (ESI) and implement them in select cases. “The Principles”[…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]

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]

Grochocinski v. Schlossberg

Bankruptcy Court Affirms Bad Faith Spoliation of Electronic Evidence 402 B.R. 825, 2009 U.S. Dist. LEXIS 19523 (N.D. Ill. 2009) On an appeal from the bankruptcy court, the Northern District affirmed an order of sanctions for bad faith spoliation of electronic evidence. During a bankruptcy proceeding, the debtor’s trustee filed a complaint to recover two[…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]