Remove Affidavits Remove Depositions Remove Evidence
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Two Recent Decisions Imposing Sanctions for Discovery Failures

E-Discovery LLC

Etame did not appear for his deposition on March 10, 2022. Nguhs motions, but held the sanctions motion in abeyance, and ordered Mr. Etame to appear for deposition. After the parties discussed scheduling, Mr. Etame failed to appear for deposition. Bentons and (according to an affidavit) Ms. As a result, Ms.

Discovery 130
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Employer Erred by Downloading Former Employee’s Personal Email; But, Failure to Preserve it Was Not Spoliation; and, There Was a Gap in Employee Handbook Clause Permitting Employer Access Post-Termination

E-Discovery LLC

But, the Court found and held that there was no evidence that the defendants had read the emails after plaintiff’s termination. The Court rejected invasion of privacy and wiretap claims because there was no evidence that the employer had read the emails after the plaintiff was terminated. Shapiro’s post-termination emails.”

Evidence 130
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Passing of Senate Bill 458 Helps Reform Civil Asset Forfeiture in Kansas

Joseph, Hollander & Craft

Substantial due process protections implemented by the bill include a requirement that commencement of forfeiture proceedings be supported by a probable cause affidavit, a requirement that clear and convincing evidence support a final forfeiture order, and a requirement that courts consider whether forfeiture is excessive under the circumstances.