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spoliation of evidence

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Automatic Deletion of Video Recording is not Spoliation

By Thomas J. Crane on March 24, 2016
Posted in Litigation and trial practice

We see a lot of discovery issues regarding electronic data, these days. For example, many employers use cameras inside the place of employment. What if those cameras record alleged conduct that leads to termination? The court in EEOC v. Chipotle Mexican Grill, 98 F.Supp.3d 198, 2015 US LEXIS 42187 (D. Mass. 3/30/2015) addressed such…

Court Sanctions Plaintiff and Lawyer for Facebook Spoliation

By Thomas J. Crane on February 14, 2012
Posted in Litigation and trial practice

 "Spoliation of evidence" refers to the deliberate destruction of evidence prior to a trial.  It is a rare event in civil litgation.  But, spoliation of evidence was found in a case involving a personal inury lawyer in Virginia.  Lawyer Matthew Murray was ordered to pay $522,000 for instructing his client ro remove photos from his…

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