Evidence, FRCP 37

If Evidence In Its Original Form Is No Longer Available – But A Copy Of That Evidence Is – Are Spoliation Sanctions Appropriate?

Farrell Fritz, P.C. on 11/22/2017

In Barcroft Media, Ltd. et al. v. Coed Media Grp., LLC, No. 16-CV-7634 (JMF) (S.D.N.Y. Sept. 28, 2017), Plaintiffs – providers of entertainment-related photojournalism and owners of celebrity photographs – interposed various...more

Court Awards $3M Sanction and Adverse Inference for Spoliation in Antitrust Case

Orrick, Herrington & Sutcliffe LLP on 7/27/2016

On July 6, 2016, Judge Leonard P. Stark, of the federal district court in Delaware, ordered a $3 million punitive monetary sanction, and an adverse inference jury instruction, against antitrust defendant Plantronics after...more

Sanctions Under FED. R. CIV. P. 37(E)

Hinshaw & Culbertson LLP on 5/9/2016

In December 2015, amendments to the Federal Rules of Civil Procedure went into effect. One of the amended rules, Rule 37(e), was completely rewritten in an attempt to develop a uniform, national standard for the imposition...more

2015 Federal Rules of Civil Procedure Amendments: A Powerful Discovery Tool

Troutman Pepper on 2/8/2016

The amended rules aid in controlling the scope of discovery and managing its risks. Two months have passed since the effective date of the 2015 amendments to the Federal Rules of Civil Procedure, which are applicable to...more

The New Rule 37(e) Pushes Forward

Womble Bond Dickinson on 4/9/2014

The proposed revision of Rule 37(e), which recently cleared another hurdle in the rulemaking process, could dramatically limit the exposure companies face from spoliation claims. It may also go too far....more

Evidence › FRCP 37

If Evidence In Its Original Form Is No Longer Available – But A Copy Of That Evidence Is – Are Spoliation Sanctions Appropriate?

Court Awards $3M Sanction and Adverse Inference for Spoliation in Antitrust Case

Sanctions Under FED. R. CIV. P. 37(E)

2015 Federal Rules of Civil Procedure Amendments: A Powerful Discovery Tool

The New Rule 37(e) Pushes Forward

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