News & Analysis as of

Breach of Contract › Destruction of Evidence

Morris James LLP

Spoliation of Email and Texts Leads to Adverse Inferences and Fee Shifting

Morris James LLP on

Gener8 LLC v. Castanon, 2022-0246-LWW (Del. Ch. Sept. 29, 2023) - This dispute concerned a non-compete agreement that the plaintiffs alleged the defendant breached by establishing a competing business. The defendant denied...more

White and Williams LLP

Texas Walks the Line on When the Duty to Preserve Evidence at a Fire Scene Arises

White and Williams LLP on

The extent to which a loss scene can be altered before adversaries can legitimately cry spoliation has long been a mysterious battleground in the world of subrogation. In the case of In re Xterra Constr., LLC, No....more

Butler Snow LLP

Lost But Not Forgotten: Overcoming the Statute of Frauds in Tennessee With A Lost Contract

Butler Snow LLP on

A prospective client comes to you for an initial consultation regarding a possible breach of contract. This individual describes a deal they made years ago with a large out-of-state company where the individual agreed to do X...more

Adler Pollock & Sheehan P.C.

Spoliation: How to Stop Trouble from Brewing

Adler Pollock & Sheehan P.C. on

When a business is faced with the potential for litigation, it is imperative that all evidence be preserved to avoid the dreaded “s” word: spoliation. Starbucks Corporation recently learned this lesson the hard way when a...more

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