Remove Affidavits Remove Discovery Remove Pleadings
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Two Recent Decisions Imposing Sanctions for Discovery Failures

E-Discovery LLC

26, 2024)(unreported), dismissals for discovery violations were affirmed. Nguh, one owner, propounded discovery on Mr. Etame, the opposing owner. The Appellate Court wrote: Mr. Etame failed to respond to discovery, and on March 3, 2022, Ms. Etame to submit any objections, which he did, with some discovery responses.

Discovery 130
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“Self Help” Discovery Results in Striking of Wrongfully Obtained Evidence

E-Discovery LLC

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. The affidavit further recited that the employee was expressly barred from accessing the records.

Evidence 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

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 130