Plaintiffs’ Attempt to Conceal Certain Text Messages Backfires (Puerto Rico)

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Calderon v. Corporacion Puertorriquena de Salud, 2014 WL 171599 (D. P. R. Jan. 16, 2014).

In this employment law case, the plaintiffs only produced a portion of the demanded text messages during discovery, claiming the others had been deleted. The defendants subsequently subpoenaed the full text records from the telephone company, and demanded that the plaintiffs’ case be dismissed due to spoliation of the evidence and the plaintiffs’ bad faith. The court denied the plaintiffs’ motion to squash the subpoenaed records, and granted, in part, the defendants’ motion to dismiss, ordering an adverse inference instruction to be given at trial regarding the missing communications.

Topics:  Adverse Inference Instructions, Bad Faith, Spoliation, Subpoenas

Published In: Civil Procedure Updates, Electronic Discovery Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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