Negligence – Medical malpractice – Spoliation
Where a jury returned a verdict for the defendant in a medical malpractice case, the trial judge did not err in declining to enter a default judgment as to liability because of the defendant’s failure...
View ArticleEvidence – Spoliation – Limo driver
Where (1) a plaintiff brought suit alleging that his constitutional rights were violated during the execution of a search warrant and (2) the defendants have moved for sanctions based on a claim that...
View ArticleProducts liability – Meatballs – Spoliation
Where a first-grade student suffered traumatic brain damage after choking on meatballs served in the cafeteria of a Lowell public school, a jury verdict in favor of the defendant food manufacturer must...
View ArticleEvidence – Spoliation – Security surveillance footage
Where a plaintiff has filed a motion seeking an adverse inference related to deleted security surveillance footage, the plaintiff has not shown that the surveillance video should have been preserved in...
View ArticleEvidence – Spoliation – Sanctions
Where plaintiffs have filed a motion for spoliation sanctions, that motion should be denied because (1) a reasonable person in the defendants’ position would not reasonably have expected to be sued at...
View ArticleEvidence – Spoliation – Sanctions
Where plaintiffs have moved for reconsideration of a denial of their motion for spoliation sanctions, the reconsideration request should be allowed because the defendants reasonably should have known...
View ArticleJudge orders spoliation sanction in commercial dispute
Defendants in a business dispute engaged in sanctionable spoliation of evidence by failing to preserve communications they knew at the time might be relevant to a possible lawsuit, according to a...
View ArticleEvidence – Spoliation – CCTV
Where the plaintiffs in a negligence action over an injury at the defendant’s store have moved for sanctions based on the defendant’s failure to preserve a video from a closed-circuit television camera...
View ArticleSpoliation sanctions ordered in unpaid commissions case
Attorneys say a recent sanctions order for spoliation of evidence in an employment dispute highlights the importance of counsel on both sides of litigation proactively identifying and preserving all...
View ArticleEvidence – Spoliation – Texts
Where a defendant’s business interactions with customers of his former employer, the plaintiff, were in violation of non-competition and non-solicitation obligations in the defendant's contract with...
View Article
