Affidavits, Depositions and Pleadings

Two Recent Decisions Imposing Sanctions for Discovery Failures

E-Discovery LLC

DECEMBER 16, 2024

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

Discovery Interrogatories Affidavits Pleadings

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

OCTOBER 6, 2024

Based on these facts, an affidavit from IT Director Mr. Hughey, and an investigation by a technology consultant, Mr. Shapiro alleged that each of the individual defendants (and thus HHI, since they were acting in their official capacities) had accessed his emails unlawfully. Hughey deleted the account off the HHI computers.

Evidence

Evidence Discovery Litigation Affidavits

Trial Strategy Today

Two Recent Decisions Imposing Sanctions for Discovery Failures

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

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