E-Discovery LLC

JUNE 16, 2025

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. Bad faith requires that evidence be destroyed “for the purpose of depriving the adversary of evidence.”

130

130

E-Discovery LLC

MARCH 3, 2025

9, 2023)(Courts have recognized that sanctions may be imposed for improperly obtaining evidence.). It wrote: Pursuant to its inherent authority, the Court will strike the improperly used material from the pleadings, and Campbell will be barred from using it as evidence in this litigation, except for purposes of rebuttal or impeachment.

Evidence 130

Evidence Discovery Affidavits Pleadings 130

E-Discovery LLC

NOVEMBER 29, 2024

Discovery had been conducted for almost a year and the deadlines extended three times. Plaintiff seeks limited discovery regarding the missing documents and a negative inference jury instruction regarding the contents of Vanderpool’s and Dupree’s personnel files and the missing emails. 25, 2024)(Sullivan, J.),

Burden Of Proof 130

Burden Of Proof Evidence Discovery Litigation 130