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Negligence › Evidence › Spoliation

Rumberger | Kirk

Find Your Footing: Don’t stumble when it comes to slip-and-fall claims

Rumberger | Kirk on

Some regard slip-and-fall claims as nuisance litigation and often make billboard plaintiffs’ lawyers the butt of jokes. But, occasionally, these claims represent catastrophic injuries with verdicts to match, and even garden...more

Troutman Pepper

New Best Practices Under E-Discovery Spoliation Rule

Troutman Pepper on

As the volume of electronically stored information, or ESI, subject to discovery has exploded, allegations of spoliation have multiplied. Before the 2015 amendments to the Federal Rules of Civil Procedure, courts relied on...more

White and Williams LLP

Florida Court of Appeals Holds Underlying Tort Case Must Resolve Before Third-Party Spoliation Action Can Be Litigated

White and Williams LLP on

In Amerisure Ins. Co. v. Rodriguez, 43 Fla. L. Weekly 2225 (Fla. Dist. Ct. App., Sept. 26, 2018), the Third District Court of Appeals of Florida addressed whether a third-party spoliation claim should be litigated and tried...more

Hinshaw & Culbertson LLP

Medical Litigation Newsletter - October 2016

Hinshaw & Culbertson LLP on

When a Defensible Claim Goes Sour: Defending Spoliation of Evidence Claims - Let us assume you have a credible defense to the negligence allegations as to the care and treatment provided by a doctor, hospital, medical...more

Bracewell LLP

S.D.N.Y. Issues Spoliation Sanctions Against Foot Locker

Bracewell LLP on

The sanctions recently levied against Foot Locker serve as a potent reminder that understanding data and document preservation requirements is imperative. A New York federal judge issued sanctions against Foot Locker last...more

Saul Ewing Arnstein & Lehr LLP

Sanctions ordered against business for unintentional failure to protect evidence in anticipation of litigation

Saul Ewing Arnstein & Lehr LLP on

Following a broadening trend, the U.S. District Court for the Southern District of California recently held that a party is subject to sanctions – including an adverse inference instruction at trial – for negligently failing...more

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