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Sanctions Denied Because of Lack of Prejudice, Despite Breach of Duty to Preserve Video

E-Discovery LLC

WMATA moved for summary judgment based on the lack of expert testimony. First , the moving party must establish that there was a duty to preserve potentially relevant evidence. That duty arises “when a party reasonably should know that the evidence may be relevant to anticipated litigation.”    Id. In response, Ms.

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Sanctions for Failure to Comply With a Scheduling Order That Set Discovery Milestones

E-Discovery LLC

13, 2025)(unreported), [1] sanctions were imposed for failure to comply with discovery milestones in a scheduling order. Further: Where the asserted scheduling order violation involves a discovery failure, the trial court has wide discretion to determine what sanction, if any, is appropriate. Hyde , 2025 WL 79685 (Appl. at *1, 3, 8.

Discovery 130
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From Evidence to Misinformation: Courts Brace for Deepfake Challenges

Complex Discovery

Understanding how courts may handle AI-generated evidence will be crucial for those responsible for managing digital content, ensuring data integrity, and navigating complex litigation involving digital forensics. John Tunheim, delves into how the judiciary can prepare for the impact of AI-manipulated evidence. Grimm (ret.),

Evidence 111
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Request to Appoint Neutral Forensic Expert Denied as Speculative and Unsupported

E-Discovery LLC

24, 2025), the court imposed sanctions on a pro se litigant who, in the courts words, has engaged in unseemly behavior towards counsel as well as improper discovery litigation. In part, Mr. Rivera filed a motion to To obtain the appointment of a neutral expert in computer forensics. Rivera was filing meritless discovery motions.

Discovery 130
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Authentication of Surveillance Video by Lay Witness Under Silent Witness Doctrine

E-Discovery LLC

Therefore, in his view, the evidence was not sufficiently authenticated. Mr. Reddick argued that the store employees testimony was insufficient for authentication, contending that the State had failed to establish a proper foundation showing the reliability of the process. Circumstantial evidence was sufficient. Lorraine v.

Witnesses 130
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Relative Proportionality Argument Rejected

E-Discovery LLC

One of three defendants contended that the discovery propounded on it was not proportional because it was the least culpable of the three. Plaintiffs sought discovery “relat[ing] to other incidents involving Wiegand mountain coasters at Wisp Resort and elsewhere.” That is a very rigorous process, often necessitating expert testimony.

Discovery 130
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Courts at the Crossroads: Confronting AI-Generated Evidence in the Age of Deepfakes

Complex Discovery

Editor’s Note: This article provides a timely and detailed examination of how the rise of AI-generated content, particularly deepfakes, is challenging long-standing principles in evidence law. provides critical insights into both the psychological and procedural impacts of synthetic evidence. Grossman and Hon. Grimm (ret.)