article thumbnail

Three Key eDiscovery Lessons from Domus BWW Funding v. Arch Insurance Company

Next Generation E-Discovery Law & Tech Blog

The Court found Arch Insurance’s actions caused prejudice to the Plaintiffs in the form of delays, costs and lost evidence, justifying sanctions under Rule 37(e)(1). The Court ruled that the Plaintiff could introduce evidence of Arch Insurance’s eDiscovery failures at trial and would issue a jury instruction as an evidentiary sanction.

article thumbnail

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

Next Generation E-Discovery Law & Tech Blog

As a result of the spoliation established in large part by the X1 Social Discovery examination, the Court imposed severe evidentiary sanctions on the plaintiff, including the exclusion of evidence and claims related to the destroyed Facebook data, and adverse jury instructions.

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

Strobel v. Johnson & Johnson: Got a Hearsay Problem? Don't Give Up.

Evidence at Trial

Judicial Council Of California Civil Jury Instruction 202, Judicial Council Of California Civil Jury Instruction 202. Johnson & Johnson , the Court considered the impact of an expert witness' declaration after certain hearsay evidence was excluded pursuant to People v. In Strobel v.

article thumbnail

Understanding Jury Duty and Misconduct in the Legal Arena

Jury Analyst

Acknowledging these instances prompts a reflection: How can the justice system enhance the integrity of jury deliberations to uphold fair trial standards? Unheeded Jury Instructions: More Than Just Guidelines A judge’s instructions to jurors serve as the bedrock upon which impartiality and legal fidelity rest.