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

E-Discovery LLC

At its most general level, the holding was that a litigant may not invoke the courts to assert their legal rights, then engage in extralegal conduct. 9, 2023)(Courts have recognized that sanctions may be imposed for improperly obtaining evidence.). Aberdeen Providing Ground Federal Credit Union , 2025 WL 608046 (D. Emphasis added].

Evidence 130
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Request to Appoint Neutral Forensic Expert Denied as Speculative and Unsupported

E-Discovery LLC

24, 2025), the court imposed sanctions on a pro se litigant who, in the courts words, has engaged in unseemly behavior towards counsel as well as improper discovery litigation. In Rivera v. Costco Wholesale Corporation , 2025 WL 295667 (D. Rivera was filing meritless discovery motions.

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. 19, 2021). [1]

Evidence 130
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Best Evidence Rule Requires Post-Level Collection for Social Media Evidence

Next Generation E-Discovery Law & Tech Blog

By John Patzakis The Best Evidence Rule, as codified in Federal Rule of Evidence 1002, provides that an original writing, recording, or photograph is required to prove the contents of the document. The plaintiff had deleted his Facebook account resulting in lost evidence critical to the case.

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Two Recent Decisions Imposing Sanctions for Discovery Failures

E-Discovery LLC

The circuit court then prohibited Mr. Etame from presenting any evidence and struck his pleadings, including counterclaims. Bentons and (according to an affidavit) Ms. In an affidavit, Doroshenko testified that he heard nothing from West in response to the deficiency letter and emailed West asking for an explanation on July 14, 2023.

Discovery 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.

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Everything You Need to Know About Motion Practice 

CaseFox

Legal motion management is an essential aspect of the litigation process. For lawyers, attorneys, and parties involved in the litigation, it is necessary to understand the legal motion practice. The party filing the motion to dismiss contempt of the court must have compelling evidence and argument. Gather-Evidence 4.